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It means the grant is intended to be indefinite. For instance if I grant a right of way to my neighbor Susan to take a short cut via a driveway over my property and do not say "and to her heirs and assigns" then the ROW would die when she dies or sells her property. If I grant the ROW to Susan, her heirs and assigns then the ROW goes on forever. The words "heirs and assigns" were traditionally used in a deed to grant a fee simple estate meaning that the grantee is the absolute owner and can sell the property or leave it to his heirs.
Wiki User
∙ 15y ago
Wiki User
∙ 12y ago"Heirs and assigns" is a term of art formerly required to create a FEE SIMPLE interest in real property at common law. Those words are no longer required in most jurisdictions to convey the fee and for the most part the use of those words in modern deeds is only a formality.
The word "heirs" made the land INHERITABLE by the owner's heirs and the word "assigns" meant the grantee could transfer ownership to another party who would acquire all the rights enjoyed by the grantee. Those elements provided absolute ownership. As late as the early twentieth century, in some states in the United States, a grant of land without the words "and his heirs" would only create a life estate in the grantee and the land would revert to the grantor upon the grantee's death.
There are other contexts where those words still have legal significance. If a ROW, spring rights or other easement is or was granted to William Darcy, with no further language, the grant may die when he dies. If the ROW or easement was granted to William Darcy, his heirs and assigns, then the ROW would run with the land and any heirs or grantees in the chain of title would also acquire the ROW or easement.
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What is an unworkable deed?
There is no such term of art in conveyancing. Unworkable means unable to be put into practice. If a deed was referred to as unworkable it may mean that it is invalid or improperly drafted for some reason.
What is the English term for LANDAHAN?
The English term for "landahan" is a conveyance or deed.
What is another term for deed of trust?
promisary note
What does the word haver mean in legal terms?
This is an outdated legal term that basically means "Possessor" or one who "has possession and or control." In some places it may also mean the holder of a deed or lien.
What is the effect of cancellation of a registered lease by an unregistered cancellation deed?
the registered lease deed will automatically expired on completion of term of lease and no need to register cancellation of lease deed. and how ever a notice from lessor is to issued on completion of term of lease for handed over of premises.
What does the term deeds mean?
For example, to do a good deed. An action that is performed by an individual intentionally or conciously. Otherwise, this could be a legal document involving the transfer of a property or contract.
Does the term heirs and assigns in a deed mean it is a joint tenancy deed or a common tenancy deed?
Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.
What does qualified deed mean?
Generally a qualified deed is a conveyance of land for a specific purpose, i.e., for a park, cemetery, athletic fields, school, etc. That term may also describe a deed with reversionary language to the effect that if the land should cease to be used for the purposes intended by the grant then the fee reverts to the grantor or to the grantor's heirs. Therefore, a fee interest acquired by virtue of a qualified deed may be revoked under certain circumstances. The qualification of the fee enables the grantor to enforce the continued use of the property for the purpose for which it was donated or granted. It can also prevent the use of the land for other purposes. If your grandmother donated land to the town and specified that it could only be used for school purposes and the school was eventually torn down and rebuilt elsewhere, the town cannot sell that land to a developer. It would revert to your family. There may be other meanings for the term perhaps in tax law.
What is Lineal Inch?
It is nothing, as the term "Lineal" refers to ancestry, as in "My lineal heirs". The term you are looking for is Linear, as in "12 linear inches equals 1 foot".
How does having and or on a deed affect you?
The phrasing "and/or" is not used on a deed. That term is used on joint bank accounts. If two people want to own real property jointly the deed must name both as grantees "as joint tenants with the right of survivorship".
What is fee simple feasible?
Fee simple absolute is the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the property and the property will pass to the owner's heirs upon death. Generally the conveyance of real estate by a deed conveys fee simple absolute. The word feasible is not part of the term.
What does et al mean on a property deed?
Generally, the term "et al" in the context of a lawsuit, stands for "and others". It is normally seen accompanying a party's name, e.g., Smith Jones, et al.,
