Sidor som bilder



SECTION 240. Definitions and use of terms.
241. Ancient conveyances abolished.
242. When written conveyance necessary.
243. Grant of fee or freehold.

244. When grant takes effect.

245. Estate which passes by grant or devise.

246. Certain deeds declared grants.

247. Conveyance by tenant for life or years of greater estate than possessed.

248. Effect of conveyance where property is leased.

249. Covenants in mortgages.

250. Mortgages on real property inherited or devised.

251. Covenants not implied.

252. Lineal and ollateral warranties abolished.

253. Construction of covenants in grants of freehold interests.

254. Construction of clauses and covenants in mortgages and bonds. 255. Construction of grant of appurtenances and of all the rights and estate of grantor.

256. Construction of grant in executor's or trustee's deed of appurtenances, and of the estate of testator and grantor.

257. Covenants bind representatives of grantor and mortgagor and inure to the benefit of whom.

258. Short forms of deeds and mortgages.

259. When contract to lease or sell void.

260. Effect of grant or mortgage of real property adversely possessed.

261. Maintenance of telegraph or other electric wires raises no presumption of grant.

262. Conveyances with intent to defraud purchasers and incumbrancers void.

263. Conveyances with intent to defraud creditors void.

264. Conveyances void as to creditors, purchasers and incumbrancers, void as to heirs and assigns.

265. Fraudulent intent, question of fact.

266. Rights of purchaser or incumbrancer for valuable consideration protected.

267. Conveyances with power to revoke, determine or alter.
268. Disaffirmance of fraudulent act by executor and others.
269. When remainderman may pay interest owed by life tenant.
270. Powers of courts of equity not abridged.

SECTION 271. Construction of covenants in mortgages on leases of real prop

erty and bonds.

272. Construction of grant of appurtenances, and all of the rights
and estate of the mortgagor.

273. What form of mortgage on lease of real property.
274. Transfers and mortgages of interests in decedents' estates.
275. Assignment of mortgage required in lieu of certificate of dis-


275. Apportionment of rents, annuities, dividends and other pay


§ 240. Definitions and use of terms.

1. The term heirs," or other words of inheritance, are not requisite to create or convey an estate in fee.


2. The term conveyance," as used in this article, includes every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.


3. Every instrument creating, transferring, assigning or surrendering an estate or interest in real property must be construed according to the intent of the parties, so far as such intent can be gathered from the whole instrument, and is consistent with the rules of law.

4. The terms "estate” and “interest in real property " include every such estate and interest, freehold or chattel, legal or equitable, present or future, vested or contingent.

Derivation: Real Property Law, § 205.

§ 241. Ancient conveyances abolished.

The conveyance of real property by feoffment, with livery or seizin, or big fines, or common recoveries, is abolished.

Derivation: Real Property Law, § 206.

§ 242. When written conveyance necessary.

An estate or interest in real property, other than a lease for a term not exceeding one year, or any trust or power, over or concerning real property, or in any manner relating thereto, cannot be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing. But this section does not affect the power of a testator in the disposition of his real property by will; nor prevent any trust from arising or being extinguished by implication or operation of law, nor any declaration of trust from being proved by a writing subscribed by the person declaring the same.

Derivation: Real Property Law, § 207.

§ 243. Grant of fee or freehold.

A grant in fee or of a freehold estate, must be subscribed by the person from whom the estate or interest conveyed is intended to pass, or by his lawful agent. If not duly acknowledged before its delivery, according to the provisions of this chapter, its execution and delivery must be attested by at least one witness, or, if not so attested, it does not take effect as against a subsequent purchaser or incumbrancer until so acknowledged.

Derivation: Real Property Law, § 208.

§ 244. When grant takes effect.

A grant takes effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law, now in force, in respect to the delivery of deeds, apply to grants hereafter executed.

Derivation: Real Property Law, § 209.


§ 245. Estate which passes by grant or devise.

A grant or devise of real property passes all the estate or interest of the grantor or testator unless the intent to pass a less estate or interest appears by the express terms of such grant or devise or by necessary implication therefrom. A greater estate or interest does not pass by any grant or conveyance, than the grantor possessed or could lawfully convey, at the time of the delivery of the deed; except that every grant is conclusive against the grantor and his heirs claiming from him by descent, and as against a subsequent purchaser or incumbrancer from such grantor, or from such heirs claiming as such, other than a subsequent purchaser or incumbrancer in good faith and for a valuable consideration, who acquires a superior title by a conveyance that has been first duly recorded.

Derivation: Real Property Law, § 210.

§ 246. Certain deeds declared grants.

Deeds of bargain and sale, and of lease and release, may continue to be used; and are to be deemed grants, subject to all the provisions of law in relation thereto.

Derivation: Real Property Law, § 211.

§ 247. Conveyance by tenant for life or years of greater estate than possessed.

A conveyance made by a tenant for life or years, of a greater estate than he possesses, or can lawfully convey, does not work a

[ocr errors]

forfeiture of his estate, but passes to the grantee all the title, estate or interest which such tenant can lawfully convey. Real Property Law, § 212.


§ 248. Effect of conveyance where property is leased.

An attornment to a grantee is not requisite to the validity of a conveyance of real property occupied by a tenant, or of the rents or profits thereof, or any other interest therein. But the payment of rent to a grantor, by his tenant, before notice of the conveyance, binds the grantee; and the tenant is not liable to such grantee, before such notice, for the breach of any condition of the lease. Derivation: Real Property Law, § 213.

§ 249. Covenants in mortgages.

A mortgage of real property does not imply a covenant for the payment of the sum intended to be secured; and where such covenant is not expressed in the mortgage, or a bond or other separate instrument to secure such payment has not been given, the remedies of the mortgagee are confined to the property mentioned in the mortgage.

Derivation: Real Property Law, § 214.

§ 250. Mortgages on real property inherited or devised. Where real property, subject to a mortgage executed by any ancestor or testator, descends to an heir, or passes to a devisee, such heir or devisee must satisfy and discharge the mortgage out of his own property, without resorting to the executor or administrator of his ancestor or testator, unless there be an express direction in the will of such testator, that such mortgage be otherwise paid.

Derivation: Real Property Law, § 215.

§ 251. Covenants not implied.

A covenant is not implied in a conveyance of real property, whether the conveyance contains any special covenant or not.

Derivation: Real Property Law, § 216.

§ 252. Lineal and collateral warranties abolished.

Lineal and collateral warranties, with all their incidents, have been abolished; but the heirs and devisees of a person, who has made a covenant or agreement, are answerable thereon, to the extent of the real property descended or devised to them, in the cases and in the manner prescribed by law.

Derivation: Real Property Law, § 217.

§ 253. Construction of covenants in grants of freehold interests. In grants of freehold interests in real property, the following or similar covenants must be construed as follows:

1. Seizin.-A covenant that the grantor "is seized of the said premises (described) in fee simple, and has good right to convey the same," must be construed as meaning that such grantor, at the time of the execution and delivery of the conveyance is lawfully seized of a good, absolute and indefeasible estate of inheritance in fee simple, of and in all and singular the premises thereby conveyed, with the tenements, hereditaments and appurtenances thereto belonging, and has good right, full power and lawful authority to grant and convey the same by the said con


2. Quiet enjoyment.-A covenant that the grantee shall quietly enjoy the said premises," must be construed as meaning that such grantee, his heirs, successors and assigns, shall and may, at all times thereafter, peaceably and quietly have, hold, use, occupy, possess and enjoy the said premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction, or disturbance of the grantor, his heirs, successors or assigns, or any person or persons lawfully claiming or to claim the same.

3. Freedom from incumbrances.-A covenant "that the said premises are free from incumbrances," must be construed as meaning that such premises are free, clear, discharged and unincumbered of and from all former and other gifts, grants, titles, charges, estates, judgments, taxes, assessments, liens and incumbrances, of what nature or kind soever.

[ocr errors]


4. Further assurance.-A covenant that the grantor will execute or procure any further necessary assurance of the title to said premises," must be construed as meaning that the grantor and his heirs, or successors, and all and every person or persons whomsoever lawfully or equitably deriving any estate, right, title or interest of, in, or to the premises conveyed by, from, under, or in trust for him or them, shall and will at any time or times. thereafter upon the reasonable request, and at the proper costs and charges of the grantee, his heirs, successors and assigns, make, do, and execute, or cause to be made, done and executed, all and every such further and other lawful and reasonable acts, conveyances and assurances in the law for the better and more effectually

« FöregåendeFortsätt »