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GRANT Definition & Legal Meaning

Definition & Citations:

A generic term applicable to all transfers of real property. 3 Wasbb. Real Prop. 181, 353.A transfer by deed of that which cannot be passed by livery. Williams, Real Prop.147, 149; Jordan v. Indianapolis Water Co., 159 Ind. 337, G4 N. E. 080.An act evidenced by letters patent under the great seal, granting something fromthe king to a subject. Cruise, Dig. tit. 33, 34; Downs v. United States, 113 Fed. 147, 51C. C. A. 100.A technical term made use of in deeds of conveyance of lands to import a transfer. 3Washb. Real Prop. 378-380.Though the word “grant” was originally made use of, in treating of conveyances ofinterests in lands, to denote a transfer by deed of that which could not be passed bylivery, and, of course, was applied only to incorporeal hereditaments, it has nowbecome a generic term, applicable to the transfer of all classes of real property. 3Washb. 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 only be made by aninstrument in writing, under seal; and is irrevocable, when made, unless an expresspower of revocation is reserved. A license is a mere authority ; passes no estate orinterest whatever; may be made by parol; is revocable at will; and, when revoked, theprotection which it gave ceases to exist Ja- mieson v. Millemann, 3 Duer (N. Y.) 255,258.The term “grant,” in Scotland, is used in reference (1) to original dispositions ofland, 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 grant the deed; an expressiontotally unknown in English law. Mozley & Whitley.By the word “grant” in a treaty, is meant not only a formal grant, but anyconcession, warrant, order, or permission to survey, possess, or settle, whether writtenor parol, express, or presumed from possession. Such a grant may be made by law, aswell as by a patent pursuant to a law. Strother v. Lucas, 12 Pet. 436, 9 L. Ed. 1137.And see Bryan v. Kennett, 113 U. S. 179, 5 Sup. Ct. 413, 28 L. Ed. 908; Hastings v.Turnpike Co., 9 Pick. (Mass.) 80; Dudley v. Sumner, 5 Mass. 470.


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