A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by the grantor.
A grant duly executed is presumed to have been delivered at its date.
Grant takes effect upon delivery by grantor--Presumption as to delivery
Applied in 7 court decisions — leading case Stockwell v. Stockwell (2010)
Most recently applied in In Re Dennis Snaza Family Trust (March 2018)
Source: CivC 1877, §§ 606, 607; CL 1887, §§ 3229, 3230; RCivC 1903, §§ 922, 923; RC 1919, §§ 524, 525; SDC 1939, § 51.1304.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by the grantor.
A grant duly executed is presumed to have been delivered at its date.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.