VI. Execution, Delivery and Acceptance
Execution means implementation of a legal document. The process of execution of a deed includes four steps. These steps are very important to the effectiveness of the instrument. The steps include:
- signing of the instrument
- sealing the instrument when necessary
- attesting and acknowledging the instrument as required by statute, and
- delivering to the grantee or to someone in his/her behalf
For example, a deed is executed by several persons with the purpose of conveying their interest in the land. The deed does not become operative until it is executed by all the proposed grantors (who transfer the title or an interest in the real property).
Delivery is the process of transferring the possession of the instrument from the grantor to the grantee. The grantor should have an intention to pass title to the grantee to effect the delivery. For a deed to be valid, it must be delivered and accepted during the lifetime of both the grantor and the grantee.
Acceptance means the approval of the deed by grantee. Acceptance is the most important role of the grantee. In order to complete the delivery of a deed the grantee should accept it. If the grantee refuses to accept the deed, the instrument is not delivered and the title is not transferred from the grantor to the grantee.