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 1059
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 the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or,
2. Where it is delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed.
Notes
Establishes constructive delivery of a grant even without physical possession by the grantee when the parties at execution understand it as delivered and the grantee is entitled to immediate delivery, or when it is delivered to a third person for the grantee’s benefit and the grantee’s assent is shown or presumed.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 1059 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-4/title-4/chapter-1/article-3/section-1059