Title 19, Personal Relations

Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession. SOURCE: CC '1047. CROSS-REFERENCES: For definition and rules relating to claiming by adverse possession, see 7 GCA Chapter 11, Article …

A transfer may be made without writing, in every case in which a writing is not expressly required by law. SOURCE: CC '1052.

A transfer in writing is call a grant, or conveyance, or bill of sale. The term grant, in this and the next two Articles, includes all these instruments, unless it is specially applied to real property. SOURCE: CC '1053.

A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. SOURCE: CC '1054.

A grant duly executed is presumed to have been delivered at its date. SOURCE: CC '1055.

A grant cannot be delivered to a grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made. SOURCE: CC '1056.

A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition and, on delivery by the depositary, it will take effect. While in possession of the third person, and subject to condition, it is called an escrow. SOURCE: CC '1057.

Redelivering a grant of real property to the grantor, or cancelling it, does not operate to retransfer the title. COL120106 SOURCE: CC '1058.

Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1. Where is instrument is, by agreement of the parties at the time of execution, understood to be delivered, and under such circums…

Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this Article. SOURCE: CC '1066.

A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. SOURCE: CC '1067.

COL120106 If the operative words of a grant are doubtful, recourse may be had to its recitals to assist its construction. SOURCE: CC '1068.

A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party is to be interpreted in favor of the grantor. SOURCE: CC '1069.

If several parts of a grant are absolutely irreconcilable, the former part prevails. SOURCE: CC '1070.

Where a future interest is limited by a grant to take effect on the death of any person with heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors, or issue living at the death of the person named as ancestor. SOURCE: C…

Words of inheritance or succession are not requisite to transfer a fee in real property. SOURCE: CC '1072. CROSS-REFERENCES: See 15 GCA '615 (Words of Inheritance not Necessary). NOTE: No CC ''1073 through 1082 existed. ---------- ARTICLE 5 EFFECT OF TRANSFER

COL120106 A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has, unless a different intention is expressed or is necessarily implied. SOURCE: CC '1083.

The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself. SOURCE: CC '1084.

A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto. SOURCE: CC '1085. NOTE: No ''1086 through 1090 existed in the Civil Code. ----------- COL120106 COL120106