CHAPTER 47-09TITLE BY TRANSFER - GENERAL PROVISIONS47-09-01. Transfer defined. Transfer is an act of the parties or of the law by which thetitle to property is conveyed from one living person to another.47-09-02.What may be transferred - Exceptions.Property of any kind may betransferred except:1.A mere possibility not coupled with an interest.2.A mere right of reentry or of repossession for breach of a condition subsequent<br>which cannot be transferred to anyone except the owner of the property affected<br>thereby.47-09-03.Voluntary transfer defined - Consideration unnecessary.A voluntarytransfer is an executed contract, subject to all rules of law concerning contracts in general except<br>that a consideration is not necessary to its validity.47-09-04. Transfer - How made. A transfer may be made without writing in every casein which a writing is not required expressly by statute.47-09-05. Names of transfers by writing. A transfer in writing is called a grant, orconveyance, or bill of sale. The term "grant" in this title includes all these instruments unless it is<br>specially applied to real property.47-09-06. Delivery of written transfer - Requirement - Presumption from execution.A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by<br>the grantor and is presumed to have been delivered at its date.47-09-07. Delivery must be absolute - Conditional delivery ineffective, becomesabsolute. A grant cannot be delivered to the grantee conditionally. Delivery to the grantee or to<br>the grantee's agent as such is necessarily absolute and the instrument takes effect thereupon,<br>discharged of any condition on which the delivery was made.47-09-08. Delivery in escrow. A grant may be deposited by the grantor with a thirdperson to be delivered on the performance of a condition, and on delivery by the depositary it will<br>take effect. While in the possession of the third person and subject to condition, it is called an<br>escrow.47-09-09.Constructive delivery.Though a grant is not actually delivered into thepossession 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<br>at the time of execution and the circumstances are such that the grantee is entitled<br>to immediate delivery; or2.When it is delivered to a stranger for the benefit of a grantee and the grantee's<br>assent is shown or may be presumed.47-09-10. Redelivery does not retransfer. Redelivering a grant of real property to thegrantor, or canceling it, does not operate to retransfer the title.47-09-11.Interpretation of grants.Grants shall be interpreted in like manner withcontracts in general except so far as is otherwise provided by this chapter. If the operative words<br>of a grant are doubtful, recourse may be had to its recitals to assist the construction, and if<br>several parts of a grant are absolutely irreconcilable, the former part shall prevail. A clear and<br>distinct limitation in a grant is not controlled by other words less clear and distinct.Page No. 147-09-12. Interpretation of descriptive words. If any instrument relating to real orpersonal property shall be executed by or to any person as trustee, guardian, executor,<br>administrator, or in any other representative capacity, and shall fail to identify clearly the<br>beneficiary by name and the nature of the trust, the qualifying words in such instrument shall be<br>treated as surplusage and as description only of the person by whom or to whom the instrument<br>was executed.47-09-13. Grant shall be interpreted in favor of grantee - Exceptions. A grant shallbe interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a<br>public officer or body, as such, to a private party, is to be interpreted in favor of the grantor.47-09-14. Without issue defined. When a future interest is limited by a grant to takeeffect on the death of any person without heirs, or heirs of the person's body, without issue, or in<br>equivalent words, such words must be taken to mean successors or issue living at the death of<br>the person named as ancestor.47-09-15.Words of inheritance or succession unnecessary to fee.Words ofinheritance or succession shall not be requisite to transfer a fee in real property.47-09-16. Transfer vests actual title - Thing includes incidents. A transfer vests inthe transferee all the actual title to the thing transferred which the transferor then has unless a<br>different intention is expressed or is necessarily implied. It also transfers all its incidents unless<br>expressly excepted, but the transfer of an incident to a thing does not transfer the thing itself.47-09-17.Present interest and benefit - When taken.A present interest and thebenefit of a condition or covenant respecting property may be taken by any natural person under<br>a grant although not named a party thereto.Page No. 2Document Outlinechapter 47-09 title by transfer - general provisions
CHAPTER 47-09TITLE BY TRANSFER - GENERAL PROVISIONS47-09-01. Transfer defined. Transfer is an act of the parties or of the law by which thetitle to property is conveyed from one living person to another.47-09-02.What may be transferred - Exceptions.Property of any kind may betransferred except:1.A mere possibility not coupled with an interest.2.A mere right of reentry or of repossession for breach of a condition subsequent<br>which cannot be transferred to anyone except the owner of the property affected<br>thereby.47-09-03.Voluntary transfer defined - Consideration unnecessary.A voluntarytransfer is an executed contract, subject to all rules of law concerning contracts in general except<br>that a consideration is not necessary to its validity.47-09-04. Transfer - How made. A transfer may be made without writing in every casein which a writing is not required expressly by statute.47-09-05. Names of transfers by writing. A transfer in writing is called a grant, orconveyance, or bill of sale. The term "grant" in this title includes all these instruments unless it is<br>specially applied to real property.47-09-06. Delivery of written transfer - Requirement - Presumption from execution.A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by<br>the grantor and is presumed to have been delivered at its date.47-09-07. Delivery must be absolute - Conditional delivery ineffective, becomesabsolute. A grant cannot be delivered to the grantee conditionally. Delivery to the grantee or to<br>the grantee's agent as such is necessarily absolute and the instrument takes effect thereupon,<br>discharged of any condition on which the delivery was made.47-09-08. Delivery in escrow. A grant may be deposited by the grantor with a thirdperson to be delivered on the performance of a condition, and on delivery by the depositary it will<br>take effect. While in the possession of the third person and subject to condition, it is called an<br>escrow.47-09-09.Constructive delivery.Though a grant is not actually delivered into thepossession 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<br>at the time of execution and the circumstances are such that the grantee is entitled<br>to immediate delivery; or2.When it is delivered to a stranger for the benefit of a grantee and the grantee's<br>assent is shown or may be presumed.47-09-10. Redelivery does not retransfer. Redelivering a grant of real property to thegrantor, or canceling it, does not operate to retransfer the title.47-09-11.Interpretation of grants.Grants shall be interpreted in like manner withcontracts in general except so far as is otherwise provided by this chapter. If the operative words<br>of a grant are doubtful, recourse may be had to its recitals to assist the construction, and if<br>several parts of a grant are absolutely irreconcilable, the former part shall prevail. A clear and<br>distinct limitation in a grant is not controlled by other words less clear and distinct.Page No. 147-09-12. Interpretation of descriptive words. If any instrument relating to real orpersonal property shall be executed by or to any person as trustee, guardian, executor,<br>administrator, or in any other representative capacity, and shall fail to identify clearly the<br>beneficiary by name and the nature of the trust, the qualifying words in such instrument shall be<br>treated as surplusage and as description only of the person by whom or to whom the instrument<br>was executed.47-09-13. Grant shall be interpreted in favor of grantee - Exceptions. A grant shallbe interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a<br>public officer or body, as such, to a private party, is to be interpreted in favor of the grantor.47-09-14. Without issue defined. When a future interest is limited by a grant to takeeffect on the death of any person without heirs, or heirs of the person's body, without issue, or in<br>equivalent words, such words must be taken to mean successors or issue living at the death of<br>the person named as ancestor.47-09-15.Words of inheritance or succession unnecessary to fee.Words ofinheritance or succession shall not be requisite to transfer a fee in real property.47-09-16. Transfer vests actual title - Thing includes incidents. A transfer vests inthe transferee all the actual title to the thing transferred which the transferor then has unless a<br>different intention is expressed or is necessarily implied. It also transfers all its incidents unless<br>expressly excepted, but the transfer of an incident to a thing does not transfer the thing itself.47-09-17.Present interest and benefit - When taken.A present interest and thebenefit of a condition or covenant respecting property may be taken by any natural person under<br>a grant although not named a party thereto.Page No. 2Document Outlinechapter 47-09 title by transfer - general provisions
CHAPTER 47-09TITLE BY TRANSFER - GENERAL PROVISIONS47-09-01. Transfer defined. Transfer is an act of the parties or of the law by which thetitle to property is conveyed from one living person to another.47-09-02.What may be transferred - Exceptions.Property of any kind may betransferred except:1.A mere possibility not coupled with an interest.2.A mere right of reentry or of repossession for breach of a condition subsequent<br>which cannot be transferred to anyone except the owner of the property affected<br>thereby.47-09-03.Voluntary transfer defined - Consideration unnecessary.A voluntarytransfer is an executed contract, subject to all rules of law concerning contracts in general except<br>that a consideration is not necessary to its validity.47-09-04. Transfer - How made. A transfer may be made without writing in every casein which a writing is not required expressly by statute.47-09-05. Names of transfers by writing. A transfer in writing is called a grant, orconveyance, or bill of sale. The term "grant" in this title includes all these instruments unless it is<br>specially applied to real property.47-09-06. Delivery of written transfer - Requirement - Presumption from execution.A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by<br>the grantor and is presumed to have been delivered at its date.47-09-07. Delivery must be absolute - Conditional delivery ineffective, becomesabsolute. A grant cannot be delivered to the grantee conditionally. Delivery to the grantee or to<br>the grantee's agent as such is necessarily absolute and the instrument takes effect thereupon,<br>discharged of any condition on which the delivery was made.47-09-08. Delivery in escrow. A grant may be deposited by the grantor with a thirdperson to be delivered on the performance of a condition, and on delivery by the depositary it will<br>take effect. While in the possession of the third person and subject to condition, it is called an<br>escrow.47-09-09.Constructive delivery.Though a grant is not actually delivered into thepossession 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<br>at the time of execution and the circumstances are such that the grantee is entitled<br>to immediate delivery; or2.When it is delivered to a stranger for the benefit of a grantee and the grantee's<br>assent is shown or may be presumed.47-09-10. Redelivery does not retransfer. Redelivering a grant of real property to thegrantor, or canceling it, does not operate to retransfer the title.47-09-11.Interpretation of grants.Grants shall be interpreted in like manner withcontracts in general except so far as is otherwise provided by this chapter. If the operative words<br>of a grant are doubtful, recourse may be had to its recitals to assist the construction, and if<br>several parts of a grant are absolutely irreconcilable, the former part shall prevail. A clear and<br>distinct limitation in a grant is not controlled by other words less clear and distinct.Page No. 147-09-12. Interpretation of descriptive words. If any instrument relating to real orpersonal property shall be executed by or to any person as trustee, guardian, executor,<br>administrator, or in any other representative capacity, and shall fail to identify clearly the<br>beneficiary by name and the nature of the trust, the qualifying words in such instrument shall be<br>treated as surplusage and as description only of the person by whom or to whom the instrument<br>was executed.47-09-13. Grant shall be interpreted in favor of grantee - Exceptions. A grant shallbe interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a<br>public officer or body, as such, to a private party, is to be interpreted in favor of the grantor.47-09-14. Without issue defined. When a future interest is limited by a grant to takeeffect on the death of any person without heirs, or heirs of the person's body, without issue, or in<br>equivalent words, such words must be taken to mean successors or issue living at the death of<br>the person named as ancestor.47-09-15.Words of inheritance or succession unnecessary to fee.Words ofinheritance or succession shall not be requisite to transfer a fee in real property.47-09-16. Transfer vests actual title - Thing includes incidents. A transfer vests inthe transferee all the actual title to the thing transferred which the transferor then has unless a<br>different intention is expressed or is necessarily implied. It also transfers all its incidents unless<br>expressly excepted, but the transfer of an incident to a thing does not transfer the thing itself.47-09-17.Present interest and benefit - When taken.A present interest and thebenefit of a condition or covenant respecting property may be taken by any natural person under<br>a grant although not named a party thereto.Page No. 2Document Outlinechapter 47-09 title by transfer - general provisions
