Grant
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
A generic term applicable to all transfers of real property.
8 Washb. Real Prop. 181, 353.
A transfer by deed of that which cannot be passed by livery. Williams, Real Prop. 147, 149, An act evidenced by letters patent under the great seal, granting something from tle king to a subject. Cruise, Dig. tit.
33, 34.
A technical term made use of in deeds of conveyance of lands to import a transfer.
3 Washb. Real Prop. 378-380.
Though the word “grant” was originally made use of, in treating of conveyances of interests in lands, to denote a transier by deed of that which could not be passed by livery, erie term, applicable to the transfer of ail classes of real property.
3 Washb. Real Prop 181.
As distinguished from a mere license, a grant passes some estate or interest, corporeal or incorporeal, in the lands which it embraces; can cnly be made by an iustrument in writing, under seal; and is irrevocable, when made, unless an express power of revocation isreserved. A license is & mner'é authority; passes no estate or interest whatever; may be made by parol; is revocable at will; and, when revoked, the protection which it gave ceases to exist.
3 Duer, 255, 258.
The term “grant,” in Scotland, is used in reference (1) to original dispositions of land, as When a lord makes grants of land among tenants; (2) to gratuitous deeds.
Paterson.
In such case, the superior or donor is said to to grant the deed; an expression totally unknown in English law. Mozley & Whitley. 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 setile, whether written or parol, express, or presumed from possession. Sucha grant may be made by law, as well as bya patent pursuant toa law, 12 Pet.410.
Ses ¥ Adol. & E. 582; 5 Mass. 472; 9 Vick. 80. “GRANT, BARGAIN, AND SELL.”
Operative wurds in conveyances of real estate. GRANT OF PERSONAL PROPER- TY. <A method of transferring personal property, distinguished from a gift by being always founded on some consideration or equivalent.
2 Bl. Comm. 440, 441.
Its proper legal designation is an “assignment,” or “bargain and sale.”
2Steph. Comm. 102,