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. 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. 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.
Law Dictionary – Alternative Legal Definition
A generic term applicable to all transfers of real property. 3 Washb. Real Prop. 181, 353.
A transfer by deed of that which cannot be passed by livery. Williams, Real Prop. 147, 149; Jordan y. Indianapolis Water Co., 159 Ind. 337, 64 N. E. 680.
An act evidenced by letters patent under the great seal, granting something from the king to a subject Cruise, Dig. tit 33, 34; Downs v. United States, 113 Fed. 147, 51 C. C. A. 100.
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Though the word “grant” was originally made use of, In treating of conveyances of interests in lands, to denote a transfer by deed of that which could not be passed by livery, and, of course, was applied only to incorporeal hereditaments, it has now become a generic term, applicable to the transfer of all classes of real property. 8 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 only be made by an instrument in writing, under seal; and is irrevocable, when made, unless an express power of revocation is reserved. A license is a mere 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 Jamieson v. Millemann, 3 Duer (N. Y.) 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 grant the deed; an expression totally unknown in English law. Mozley A 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 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. Strother v. Lucas, 12 Pet. 436 9 IA Ed. 1137. And see Bryan v. Kennett 113 C. S. 179, 5 Sup. Ct. 413, 28 L. Ed. 908; Hastings v. Turnpike Co., 9 Pick. (Mass.) 80; Dudley v. Sumner, 5 Mass. 470. Grant, bargain, and sell. Operative words in conveyances of real estate. See Muller v. Bogcs, 25 Cal 187; Hawk v. McCullough, 21 111/221; Ake v. Mason, 101 Pa. 20. Grant and to freight let. Operative words in a charter party, implying the placing of the vessel at the disposition of the charterer for the purposes of the intended voyage, and generally transferring the possession. See Christie v. Lewis, 2 Brod. A B. 441. Grant of personal property. 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.” 2 Steph. Comm. 102. Grant to uses. The common grant with uses superadded, which has become the favorite mode of transferring realty in England. Wharton. Private land grant. A grant by a public authority vesting title to public land in a private (natural) person. United Land Ass’n v. Knight, 85 Cal. 448, 24 Pac. 818. Public grant. A grant from the public; a grant of a power, license, privilege, or property, from the state or government to one or more individuals, contained in or shown by a record, conveyance, patent, charter, etc.