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CONVEY and WARRANT vs. Grant and Assign

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

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Joined: Wednesday January 6th, 2010 4:14 pm MST

CONVEY and WARRANT vs. Grant and Assign

Postby Mjsmikey777 » Monday February 1st, 2010 5:35 pm MST

In Wisconsin my Warranty deed states conveys and warrants and there is no word Grant, Grantor or Grantee as it was in the past. I have certified Copies of the original Land Grant made patent from 1843 from BLM and have gone back to 1910 to the trail of Warranty Deeds which seem different than today I am roadblocked as the records are dis-joined from 1856 to 1910 I found records from 1843-1856 and I am finding it difficult to connecting all the deed records from 1843 to 2010. The word Convey in Law seems to be a synonym for Grant per the freedictionary dot com...3. (Law) transfer, grant, deliver, lease, devolve, bequeath.

I have just purchased the DYI Land Patents Package from Team Law but find that the word Grant must be in the Warranty Deed and for Grant to mean such an important part of this process, is this true or does the word Convey have the same important meaning as the word Grant?


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Re: CONVEY and WARRANT vs. Grant and Assign

Postby Admin » Tuesday February 2nd, 2010 9:23 am MST

:h: Mjsmikey777:
Regarding dictionary definitions, we refer to The Cardinal Rule of Definitions; wherein you will learn, “dictionary definitions are not definitive.”

When dealing with matters over fifty years old the law of Grand Jubilee applies. Therefore, if the language of the land patent secures the grant made patent and the transfer does not distinguish the cause of a conveyance, yet the warrant secures that the grantor was well sealed with the land and or property rights regarding the conveyance; then it can be assumed that the cause was a grant. In all likelihood, there was a separate contract that contained the details of the conveyance but such documents are rarely recorded except in private records. Thus, a deed that conveys land and warrants the conveyor’s full titled ownership can indeed be considered as being exemplary of a respective Grant; which evidence would stand supreme unless someone was to produce the actual contract that was at the cause of the Deed and through it could prove the contrary (which would be highly unlikely).

One other element may enter into the meaning of the words on the document; which is statute. In some states the State statutes dictate that when a document is recorded using a particular set of words (or words to the effect of the same) the statute takes effect to define the nature of the process. For example, in the State of California the statute dictates that when a document called “Grant Deed” uses a particular set of words (which simply states a described property is conveyed from a Grantor to a Grantee) that such a Deed conveys a fee simple warranty deed, whose words and warranty are defined in the statute—accordingly, all such deeds are statutorily defined as standard Warranty Deeds conveying an Allodial Title; even though the Grant Deed itself has none of the language that would otherwise be necessary for a Warranty Deed dealing with both the land and the property appurtenant to it.

So, it may be the same with the language of the Deed you are referring to; that language may be defined in statute dealing with recorded land records. To delve into this matter may require beneficiary support; therefore, if you need further support on this matter you should call using the information found on our Contacting Team Law page (if you already have the unpublished office number use that phone number instead).

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