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Earlier editions: 2020-112018-112026-09

DIVISION 2. PROPERTY 654-1422›PART 4. ACQUISITION OF PROPERTY 1000-1422›TITLE 4. TRANSFER 1039-1231›CHAPTER 1. Transfers in General 1039-1090.5›ARTICLE 3. Mode of Transfer 1052-1059

§ 1059

California Civil Code · 2026-10 edition · updated 2026-10-04 · California

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.

(Enacted 1872.)

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California Civil Code

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