Stranger to the Deed is a person who is not named as a grantor or grantee in a deed but is nevertheless referred to in the document. Under the traditional common law rule, a deed generally cannot create or transfer a property interest to a person who is a stranger to the deed. Likewise, a reservation or exception in favor of someone who is not a party to the conveyance is typically considered invalid. For example, if a seller conveys property to a buyer but attempts to reserve an easement for a neighboring landowner who is not a party to the deed, that reservation may be ineffective under the traditional rule.
Many states have modified or abandoned the strict common law rule through statutes or court decisions, particularly when doing so better reflects the intent of the parties. Even so, the concept remains important because it appears in older deeds and continues to be discussed in property law and title examinations. Real estate professionals should recognize that the validity of a reservation or conveyance involving a stranger to the deed depends on the law of the state where the property is located.
