North Dakota Statutes

§ 47-09-09 — Constructive delivery

North Dakota·Title 47 Property·Ch. 47-09 Title by Transfer - General Provisions

Though a grant is not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases:

1.When, by the agreement of the parties, the instrument is understood to be delivered at the time of execution and the circumstances are such that the grantee is entitled to immediate delivery; or
2.When it is delivered to a stranger for the benefit of a grantee and the grantee's assent is shown or may be presumed.

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Related

Matter of Estate of Dittus
497 N.W.2d 415 (North Dakota Supreme Court, 1993)
11 case citations
Rice v. Neether
2016 ND 247 (North Dakota Supreme Court, 2016)
6 case citations

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