In the context of real property law, convey refers to the act of transferring property from one person or entity to another. This process is typically carried out by means of a written instrument, such as a deed, along with the necessary formalities to ensure the transfer is legally recognized.
Legal Instruments Used in Conveyance
Conveyance involves specific legal documents called instruments, which serve as evidence of the transfer of property rights. Common types of conveyance instruments include:
- Deeds: The most common instrument for transferring property. Types of deeds include warranty deeds, quitclaim deeds, and grant deeds.
- Leases: Although generally temporary, the transfer of rights in a lease agreement is also considered a form of property conveyance.
Types of Conveyance
Voluntary Conveyance
This occurs when the property owner willingly transfers the title. Examples include sales, gifts, or donations.
Involuntary Conveyance
This type of conveyance happens without the owner’s consent, typically through court actions like foreclosure or eminent domain.
Historical Context
The concept of conveyance dates back to early common law where land ownership and transfer required symbolic gestures such as delivery of earth or twig (known as livery of seisin). Modern law, however, centralizes the need for written documentation to establish the legitimacy of property transfer.
Application in Modern Real Estate Transactions
Steps Involved in a Conveyance
- Preparation and Exchange of Contract
- Due Diligence and Research
- Execution of Deed
- Registration and Recording
- Transfer of Possession
Example of a Conveyance
Consider the sale of a house. The seller, through a real estate agent or directly, agrees to sell the property to a buyer. A deed is prepared, both parties sign the deed, and it is then notarized and recorded in the public records to complete the conveyance.
Related Terms
- Alienation: Alienation refers to the broader process of transferring property, often used interchangeably with conveyance but includes additional methods like abandonment or transfer through inheritance.
- Grant: A grant is a formal transfer of property rights, often from a governmental entity to a private individual or corporation. This term is typically used in context with land grants.
Frequently Asked Questions
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What is the difference between conveyance and title transfer?
- Conveyance is the process of transferring the property, while the title transfer is the actual change of ownership recorded in public records.
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Can conveyance be done without a written document?
- Modern real property law requires written documentation for the conveyance to be legally binding.
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What is a quitclaim deed?
- A quitclaim deed transfers any interest the grantor has in the property but without any warranty of title.
References
- “Black’s Law Dictionary.” Bryan A. Garner, Editor in Chief, Thomson Reuters.
- “Principles of Real Estate Practice in New York.” David Cusic, Stephen Mettling, Jane Somers, Performance Programs Company.
- “Real Property.” Gilbert Law Summaries, James Charles Smith, Barrons Educational Series.
Summary
Conveyance in real property law involves the legally recognized process of transferring ownership of real estate from one party to another through a written instrument and formal procedures. Understanding its nuances, the types of conveyance, and related terms such as alienation and grants is crucial for anyone involved in real estate transactions.
