Question 22

An unrecorded deed need not contain a legal description.

An unrecorded deed may still be valid even if it does not contain a legal description, as the essential requirement for a deed is the intention of the parties involved. This means that while a legal description is important for clarity and enforceability, it is not strictly necessary for the deed to exist.

A) It need not name the grantee.

This statement is incorrect because a deed must name the grantee to effectively transfer ownership. Without identifying the grantee, the deed lacks a key component necessary for conveying the property rights.

B) It need not contain a legal description.

This statement is correct because an unrecorded deed can be valid without a legal description, provided the intent to convey property is clear. Legal descriptions enhance the enforceability and clarity of the deed but are not a prerequisite for its validity.

C) It does not give constructive notice of ownership.

This option is incorrect. An unrecorded deed does not provide constructive notice to third parties, which means that others cannot be presumed to have knowledge of the ownership transfer. However, the statement does not address the validity of the deed itself.

D) It is not valid until it is recorded.

This statement is also incorrect. An unrecorded deed can still be valid between the parties involved, but it does not provide public notice of the transaction. Recording a deed merely serves to protect the interest of the grantee against claims from third parties.

Conclusion

The correct answer is that an unrecorded deed need not contain a legal description, as its validity is primarily based on the intent of the parties. All other options fail because they misstate the requirements or implications of a deed's validity and its effects on ownership transfer. Understanding these distinctions is crucial for comprehending property law.