Grant in United Kingdom

Definition of Grant

In accordance with the work A Dictionary of Law, this is a description of Grant :

1. The creation or transfer of the ownership of property (e.g. an estate or interest in land) by written instrument; for example, the grant of a lease. (See also lie in grant).

2. A *grant of representation

3. The allocation of money, powers, etc., by Parliament or the Crown for a specific purpose.

History

Grant (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust), originally permission, acknowledgment, hence the gift of privileges, rights, etc., specifically in law, the transfer of property by an instrument in writing, termed a deed of grant. According to the old rule of common law, the immediate freehold in corporeal hereditaments lay in livery (see Feoffment), whereas incorporeal hereditaments, such as a reversion, remainder, advowson, etc., lay in grant, that is, passed by the delivery of the deed of conveyance or grant without further ceremony.

The distinction between property lying in livery and in grant is now abolished, the Real Property Act 1845 providing that all corporeal tenements and hereditaments shall be transferable as well by grant as by livery (see the entry about Conveyancing in this Ecyclopedia). A grant of personal property is properly termed an assignment or bill of sale.(1)

Concept of Grant

The following is an old definition of Grant [1], a term which has several meanings:1. At common law, the method of transferring the property of incorporeal hereditaments, or such things whereof no livery can be had. An incorporeal hereditament was said to lie in grant; and a corporeal hereditament, in livery. A grant differed little from a feoffment (see, in this resource, the term), except in the subject-matter; the same words were used

Alternative Meaning

A generic term applicable to all transfers of realty. Any conveyance of realty. ” Hereby granted ” imports an immediate transfer of interest. To constitute a grant, it is not indispensable that technical words be used; any words that manifest the same intention will suffice.0 Statute of 8 and 9 Vict. (1843) c. 106, made all corporeal rights, as regards the conveyance of the immediate freehold, to be deemed to lie in grant as well as in livery.Grant and demise. In a lease for years, create an irtiplied warranty of title and a covenant for quiet enjoyment. See Demise. Grant, bargain, and sell. In a deed, do not import a general covenant of seisin or against incumbrances, but a covenant that the grantor has done nothing whereby the estate granted may be defeated,- for quiet enjoyment, at least. They imply a covenant against incumbrancer, including taxes. See Covenant, Implied; Suffer. A grant of personalty is termed an assignment or a bill of sale. See Assignment; Gift; Sale, Bill of; Title, 1. 3. Any concession by the public, being evidenced by an enactment or record; in particular, a transfer of public land, or the creation of a franchise by charter, or of a monopoly by letters patent, or of an exclusive privilege by certificate of copyright. Described as a legislative, government, official, public. State, or United States grant. Grantor. He who makes a grant. Grantee. 1. He to whom a grant is made

Alternative Meaning

One who has transferred to him, in writing, the exclusive right, under a patent, to make and use, and to grant to others to make and use, the thing patented, within and throughout some specified portion of the United States. See Assignee; Licensee. The king’s grants are matter of public record. Whether of lands, honors, liberties, franchises, or aught besides, they are contained in charters, or letters patent. . The manner of granting by him does not differ from that by a subject more than the construction of his grants, when made. (1) A grant by the king, at the .suit of the grantee, shall be taken most beneficially for the king; whereas the grant of a subject is construed most strongly against the grantor. (2) A subject’s grant shall be construed to include many things, besides what are expressed, if necessary for the operation of the grant. Therefore, in a private grant of the profits of land for one year, free ingress, egress, and regress, to cut and carry away those profits, are inclusively granted. But the king’s grant shall not enure to any other intent than that which is previously expressed in the grant. (3) When it appears, from the face of the grant, that the king is mistaken or deceived in a matter of fact or of law, or if his own, title be different from what he supposes, or if the graijt be informal, or if he grants an estate contrary to the rules of law,- the grant is absolutely void. By a grant everything passes which is necessary to the full enjoyment of the right, title, or estate which is included in the words. A grant of a mere way carries an easement only – the ownersliip ol the soil not being essential to the free use of the right. Uut a grant of an estate designated only by the particular use for which the land is appropriated will pass the fee; as, a grant of ” a house,” “a wharf,” “a mill,” “a well,” “a barn,” and the like. With respect to “public grants,” the rule is, that rights, privileges, and immunities not expressly granted are reserved. Nothing can be presumed against the State. There would be no safety to public interests in any other rule. The rule applies with special force where the claim would abridge or restrain a power of government, as, the power of taxation. Where a statute operates as a grant of public property to an individual, or the relinquishment of a public interest, and there is a doubt as to the meaning of its terms, or as to its general purpose, that construction should be adopted which will support the claim of the government rather than that of the individual. Nothing can be inferred against the State. Such acts are usually drawn by interested parties; and they are presumed to claim all they are entitled to. The rule serves to defeat any purpose concealed by the skillful use of terms, to accomplish something not apparent upon the face of the act, and thus sanctions only open dealing with legislative bodies. A more liberal rule of construction is allowable, in interpreting a grant from one State or political community to another, than is permitted in interpreting a private grant. Where power or jurisdiction is delegated to any public officer or tribunal, and its exercise is confided to his or their discretion, acts done are binding as to the subject-matter; and individual rights will not be disturbed collaterally for anything so done. The only questions which can arise between an individual claiming a right under the acts and the public, or a person denying its validity, are power in the officer and fraud in the party. All other questions are settled by the decision made by the tribunal or officer, whether executive, legislative, judicial, or special, unless an appeal is provided for, or other revision, by some appellate or supervisory tribunal, is prescribed. In no case have documents of title, executed by officers of the government, been held sufficient where the fact in issue was whether the government had any title to convey, to establish the fact in dispute, as against parties claiming a pre-existing, adverse, and paramount title themselves. No one can grant what he does not own. See Dare, Nemo, etc. See Charter; Condition; Deed; Delivery; Disclaimer; Disparagement; Incident; Land, Public; Patent 1 (1),2. 4. To confer, bestow, allow, permit, award, issue: as, to grant a rule to show cause, letters testamentary or of administration, a writ of certiorari, habeas corpus, or mandamus.

Resources

Notes and References

1. Meaning of Grant provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

Resources

Notes and References

1. Encyclopedia Britannica (1911)

See Also

Further Reading