Title and transfer
Granting clause
The words of conveyance in a deed that actually transfer the interest
"Convey and warrant", "grant, bargain and sell", "remise, release and quitclaim" — the wording differs with the type of deed and each phrasing carries its own level of warranty. Without an operative phrase of this kind nothing is conveyed.
Easily confused with
When the granting clause and the habendum clause contradict each other, the granting clause generally controls.
How the exam asks about it
The granting clause says what is transferred; the habendum clause that follows says what estate the grantee ends up holding.
Quick check: Granting clause
One question. Pick an answer to see the explanation.
Which term is being defined: “The words of conveyance in a deed that actually transfer the interest”?
Related terms
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