American Institute of Certified Planners (AICP) Practice Exam

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The recording of a deed?

  1. Passes title

  2. Guarantees ownership

  3. Raises a presumption of delivery

  4. Insures possession

The correct answer is: Raises a presumption of delivery

The recording of a deed raises a presumption of delivery, which means that once a deed is recorded with the appropriate government office, it signifies that the grantor has intended to transfer ownership to the grantee. This presumption is important in property law, as it establishes that the transaction is legitimate and that the grantor had the intention to convey the property. Recording a deed serves as public notice of the transaction and protects the rights of the grantee against claims from third parties. It can also affect the priority of claims on the property, as the earliest recorded deed typically has the strongest claim. However, it does not guarantee ownership outright; ownership is established through proper delivery and acceptance of the deed. While other answers may touch on related concepts, the specific role of recording in raising a presumption of delivery highlights its importance in demonstrating that the intent to transfer has occurred, as recognized by law.