conveyance

/kanveyans/

In its most common usage, transfer of title to land from one person, or class of persons, to another by deed. Term may also include assignment, lease, mortgage or encumbrance of land. Generally, every instrument in writing by which an estate or interest in the realty is created. Smalley v. Juneau Clinic Bldg. Corp., Alaska, 493 P.2d 1296, 1299.

See also alienation

- demise

- fraudulent conveyance

- involuntary conveyance.

Absolute or conditional conveyance.

An absolute conveyance is one by which the right or property in a thing is transferred, free of any condition or qualification, by which it might be defeated or changed, as an ordinary deed of lands, in contradistinction to a mortgage, which is a conditional conveyance. Brown v. United States, C.C.A.Pa., 95 F.2d 487, 489.

- fraudulent conveyance.

@ mesne conveyance

An intermediate conveyance; one occupying an intermediate position in a chain of title between the first grantee and the present holder.

@ primary conveyances

Those by means whereof the benefit or estate is created or first arises; as distinguished from those whereby it may be enlarged, restrained, transferred, or extinguished. The term includes feoffment, gift, grant, lease, exchange, and partition, and is opposed to derivative conveyances, such as release, surrender, confirmation, etc. 2 Bl.Comm. 309.

@ secondary conveyances

The name given to that class of conveyances which presuppose some other conveyance precedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original conveyance. 2 Bl.Comm. 324.

Otherwise termed "derivative conveyances" (q.v.).

@ voluntary conveyance

A conveyance without valuable consideration; such as a deed or settlement in favor of a wife or children

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