Also known as: word of conveyance · operative words · granting words
Written by attorneys · grounded in primary & secondary sources — see below
Language in a deed that manifests the grantor's intent to transfer title to the grantee. Typical examples include the words conveys, grants, bargains and sells, or similar operative phrases. The language must appear in a writing that also identifies the parties and the land and bears the grantor's signature.
Warren Wu prepared a signed document titled Transfer of Gallery and delivered it with the keys to Birch Heritage officers at a public event. The document recited no operative language such as conveys or grants and supplied no legal description of the loft. Birch Heritage took possession and operated the space for months, but a court later held the instrument invalid for want of words of conveyance.
Winston West claimed adverse possession under an old judgment that named a grantor and grantee and described the tract. The judgment contained no operative words of conveyance. The court ruled the document could not supply color of title because it lacked the required language showing an intent to pass title.
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They supply the operative language that shows the grantor intends to transfer title. Without them the instrument fails to qualify as a deed even if it is signed and delivered.
Supporting sources
No fixed formula is required. Any phrase that clearly expresses an intent to convey title satisfies the element, though common examples are conveys, grants, and bargains and sells.
Supporting sources
No. The requirement is formal and must appear on the face of the writing. Extrinsic evidence of intent cannot supply the missing operative language.
Supporting sources
…were conveyed to the duke. This was a solemn deliberate act, well considered at the time, and intended to convey all which the granting words imply. It was twice conveyed, the first grants were in 1664, but at the date of the first grant to the duke, the Dutch were in possession, but they were expelled the same year. Ten years…