What is CONVEYANCE? Definition of CONVEYANCE in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
In pleading. Introduction or inducement.
In real property law. In the strict legal sense, a transfer of legal title to land. In the popular sense, and as generally used by lawyers, it denotes any transfer of title, legal or equitable. Chupco v. Chapman, 76 Okl. 201, 170 P. 259, 266. The transfer of the title of land from one person or class of persons to another. Klein v. McNamara, 54 Miss. 105; Alexander v. State, 28 Tex. App. 186, 12 S.W. 595; In re Loes' Will, 55 N.Y.S. 2d 723, 726. An instrument in writing under seal, (anciently termed an "assurance,") by which some estate or interest in lands is transferred from one person to another; such as a deed, mortgage, etc. 2 Bl. Comm. 293, 295, 309.
Conveyance includes every instrument in writing by which any estate or interest in real estate is created, aliened, mortgaged, or assigned, or by which the title to any real estate may be affected in law or equity, except last wills and testaments, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. Stearns Lighting & Power Co. v. Central Trust Co., C.C.A.Mich., 223 F. 962, 966; Shraiberg v. Hanson, 138 Minn. 80, 163 N.W. 1032, 1033.
General
Absolute or conditional conveyance. An absolute conveyance is one by which the right or property in a thing is transferred, free of any condition or qualification, by which it might be defeated
or changed; as an ordinary deed of lands, in contradistinction to a mortgage, which is a conditional conveyance. Burrill; Falconer v. Buffalo, etc., R. Co., 69 N.Y. 491; Brown v. United States, C.C.A.Pa., 95 Fed.2d 487, 489. Fraudulent conveyance. See Fraudulent. Mesne conveyance. An intermediate conveyance; one occupying an intermediate position in a chain of title between the first grantee and the present holder.
Primary conveyances. Those by means where of the benefit or estate is created or first arises; as distinguished from those whereby it may be enlarged, restrained, transferred, or extinguished. The term includes feoffment, gift, grant, lease, exchange, and partition, and is opposed to derivative conveyances, such as release, surrender, confirmation, etc. 2 Bl. Comm. 309.
Secondary conveyances. The name given to that class of conveyances which presuppose some other conveyance precedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original conveyance. 2 Bl. Comm. 324. Otherwise termed "derivative conveyances" (q. v.).
Voluntary conveyance. A conveyance without valuable consideration; such as a deed or settlement in favor of a wife or children. Gentry v. Field, 143 Mo. 399, 45 S.W. 286; Shannon v. Duffield, 218 Ky. 770, 292 S.W. 322, 323; English v. Brown, D.C.N.J., 219 F. 248, 256.
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That's the definition of CONVEYANCE in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
