If a deed is void, who can request a court to set it aside?

• A. Grantor only
• B. Grantee only
• C. Both grantor and grantee
• D. No one can set aside a void deed

Answer: (A)

A void deed lacks any legal effect from the moment it is created, meaning it cannot serve its intended purpose of transferring property. Generally, the party who holds the stronger legal interest in the deed, often the grantor, has the right to request that a court set it aside. This is because the grantor can assert that the deed was either executed under duress, without the proper legal capacity, or in violation of some statutory requirement.

In this scenario, the grantor can seek to have the deed declared void in order to clarify any cloud on the title, typically due to concerns about misrepresentation or loss of rights over the property. While a grantee may have some interest in the property, their position is typically more tenuous unless they can demonstrate that they were harmed or deceived in another way, which isn't inherent to the nature of a void deed. Thus, the grantor is in the best position to initiate legal action regarding the issues surrounding a void deed.