Though a grant is not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases:

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Terms Used In North Dakota Code 47-09-09

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49

1.    When, by the agreement of the parties, the instrument is understood to be delivered at the time of execution and the circumstances are such that the grantee is entitled to immediate delivery; or

2.    When it is delivered to a stranger for the benefit of a grantee and the grantee’s assent is shown or may be presumed.