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Fact Deed Not Recorded Did Not Rebut Presumption of Delivery and Acceptance of Deed​

In reversing Supreme Court, the Second Department determined the proof in this action to quiet title demonstrated that plaintiff’s decedent was the rightful owner of the subject property.  The Second Department noted the fact that the deed was not recorded did not overcome the presumption of delivery and acceptance of the deed:

Although the presumption of delivery and acceptance of a deed as of its date “must yield to opposing evidence…, here, no admissible evidence which would have overcome the presumption was presented in opposition to the evidence showing that the 1996 deed was executed in the presence of and delivered to the parties’ mutual attorney …. The fact that the deed was not recorded was not sufficient evidence to overcome the presumption of delivery of the deed to the attorney, the mutual agent of both parties, since recording is not required in order to transfer title to real property (see Real Property Law § 291). No evidence was presented that the delivery of the deed on the date of its execution was conditional.  Saline v Saline, 2012 NY Slip Op 03827, 2nd Dept, 5-29-13

 

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