California Codes, Civil Code - CIV, Division 2 — Property, Part 4 — Acquisition of Property, Title 4 — Transfer, Chapter 1 — Transfers in General, Article 3 — Mode of Transfer, Section 1056

A grant cannot be delivered to the 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.

Notes

Prohibits conditional delivery of a grant directly to the grantee. Delivery to the grantee or the grantee’s agent is necessarily absolute, and the instrument takes effect upon that delivery free of any condition attached to it, so a condition cannot be preserved through direct delivery to the grantee.

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