Also known as:grants · granted · granting · grantee · grantees · grantor · grantors · conveyance
Written by attorneys · grounded in primary & secondary sources — see below
To transfer title to real property from a grantor to a grantee by a deed containing words of conveyance and delivered with intent to pass title.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Merger Bars Post-Closing Contract Claim
Gwen Gallagher accepted a deed from Gable Construction at closing that contained no repair covenant. After discovering needed roof work, Gwen sued on the purchase contract. The court held that acceptance of the deed merged the contract into the deed, discharging the unembodied promise and leaving Gwen without a contract remedy.
Congressional Power Vested by Grant
Gina Griffin challenged a federal statute regulating interstate commerce. The court upheld the law, noting that Article I Section 1 vests all legislative powers granted by the Constitution in Congress, authorizing the enactment.
Guillermo Guzman sued Guardian Insurance alleging breach without pleading any facts showing a contract or damages. The court granted the insurer's motion under Rule 12(b)(6), dismissing the complaint for failure to state a claim upon which relief can be granted.
New Trial Granted in Interest of Justice
George Garcia was convicted after a jury trial marred by evidentiary errors. On motion, the court vacated the judgment and granted a new trial under Rule 33(a) because the interest of justice required it.
Tenant Holds Over Creating Estate at Sufferance
Giana Greco's lease expired, yet she remained in possession without asserting superior title. The court recognized an estate at sufferance under Restatement (First) of Property § 22, allowing the landlord to treat her as a wrongful holdover tenant.
Injunction Denied Despite Threat of Harm
Gulfstream Aviation sought an interlocutory injunction against a competitor's construction. The court refused relief after weighing the extent of the threat of irreparable harm to the plaintiff under Restatement (Second) of Torts § 936(2)(a) and finding it insufficient.
Common questions
Frequently Asked
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What must a deed contain to effect a valid grant of real property?+
A deed must include a writing, identification of grantor and grantee, words of conveyance, a property description, the grantor's signature, and delivery with intent to pass title.
Supporting sources
Does acceptance of a deed discharge prior contractual promises not in the deed?+
Yes. Under the merger doctrine, acceptance of the deed at closing merges the contract into the deed, discharging unembodied promises unless fraud, mutual mistake, or a collateral agreement is shown.
Supporting sources
What types of deeds may be used to make a grant?+
A grant may be made by general warranty deed, special warranty deed, or quitclaim deed, each carrying different covenants or none at all.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…improper he might state his objections. Mr. Lincoln prayed time till the next day to consider his answers and the court granted it. The next morning Mr. Lincoln said he had no objection to answer the questions proposed except the last which asked what had been done with the commissions; he did not know that they…