grant

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Grant

To confer, give, or bestow. A gift of legal rights or privileges, or a recognition of asserted rights, as in treaty.

In the law of property, the term grant can be used in a deed to convey land, regardless of the number and types of rights conferred or the promises made by the transferor to the transferee. It is a comprehensive term that encompasses more specific words of transfer, such as assign, bargain, and devise.

A public land grant is a conveyance of ownership or other rights and privileges in publicly owned property to members of the general public who come under the qualifications of the statute that makes the land available. Such a grant is ordinarily noted in a public record, such as a charter or patent. In order to properly trace the ownership of property, it is sometimes necessary to determine each successive owner following the first grant.

A private grant is a grant of public land by a public official to a private individual as a type of reward or prize.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

grant

v. to transfer real property from a title holder (grantor) or holders to another (grantee) with or without payment. However, there is an important difference between the types of deeds used. A grant deed warrants (guarantees) that the grantor (seller) has full right and title to the property, while a quit claim deed only grants whatever the grantor owns (which may be nothing) and guarantees nothing. (See: grantee, grantor, grant deed)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

grant

the creation of an interest in property and its vesting in a person (the grantee). In modern conditions, the word ‘grant’ denotes the creation of an inferior interest out of an interest retained by the grantor, e.g. the grant of a lease of land by the person holding the freehold.
Collins Dictionary of Law © W.J. Stewart, 2006

GRANT, conveyancing, concessio. Technically speaking, grants are applicable to the conveyance of incorporeal rights, though in the largest sense, the term comprehends everything that is granted or passed from one to another, and is applied to every species of property. Grant is one of the usual words in a feoffment, and differs but little except in the subject-matter; for the operative words used in grants are dedi et concessi, "have given and granted."
     2. Incorporeal rights are said to lie in grant and not in livery, for existing only in idea, in contemplation of law, they cannot be transferred by livery of possession; of course at common law, a conveyance in writing was necessary, hence they are said to be in grant, and to pass by the delivery of the deed.
     3. To render the grant effectual, the common law required the consent of the tenant of the land out of which the rent, or other incorporeal interest proceeded; and this was called attornment. (q. v.) It arose from the intimate alliance between the lord and vassal existing under the feudal tenures., The tenant could not alien the feud without the consent of the lord, nor the lord part with his seigniory without the consent of the tenant. The necessity of attornment has been abolished in the United States. 4 Kent, Com. 479. He who makes the grant is called the grantor, and he to whom it is made the grantee. Vide Com. Dig. h. t.; 14 Vin. Ab. 27; Bac. Ab. h. t. 4 Kent, Com. 477; 2 Bl. Com. 317, 440; Perk. ch. 1; Touchs. c. 12; 8 Cowen's R. 36.
     4. By the word grant, in a treaty, is meant not only a formal grant, but any concession, warrant, order, or permission to survey, possess or settle; whether written or parol, express, or presumed from possession. Such a grant may be made by law, as well as by a patent pursuant to a law., 12 Pet. R. 410. See, generally, 9 A. & E. 532; 5 Mass. 472; 9 Pick. 80.

GRANT, BARGAIN, AND SELL. - By the laws of the states of Pennsylvania, Delaware, Missouri, and Alabama, it is declared that the words grant, bargain, and sell) shall amount to a covenant that the grantor was seised of an estate in fee, freed from encumbrances done or suffered by him, and for quiet enjoyment as against all his acts. These words do not amount to a general warranty, but merely to a covenant that the grantor has not done any acts nor created any, encumbrance, by which the estate may be defeated. 2 Binn. R. 95 3 Penna. R. 313; 3 Penna., R. 317, note; 1 Rawle, 377; 1 Misso. 576. Vide 2 Caines R. 188; 1 Murph. R. 343; Id. 348; Ark. Rev. Stat, ch. 31, s. 1; 11 S. & R. 109.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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