Grant (law)

A grant, in the context of law, is a legal conveyance of an interest in real or personal property from one party (the grantor) to another (the grantee). This transfer of ownership or right is typically evidenced by a written instrument, though in some jurisdictions, oral grants may be valid under certain limited circumstances, usually involving longstanding possession and clear evidence of transfer. The effectiveness of a grant depends heavily on the grantor possessing the legal capacity to grant the property and the proper execution of the grant document according to the requirements of applicable law.

The nature of the interest granted can vary widely, ranging from complete ownership (fee simple) to more limited rights, such as easements, licenses, or life estates. The specifics of the grant, including the extent of the interest granted and any limitations or conditions attached, are typically detailed within the grant instrument. These details are crucial in determining the legal rights and obligations of both the grantor and the grantee.

The legal requirements for a valid grant vary by jurisdiction. Generally, however, they include:

• Capacity of the Grantor: The grantor must have the legal capacity to convey the property, meaning they must be of legal age, of sound mind, and not acting under duress or undue influence.
• Intent to Convey: There must be a clear and unambiguous expression of the grantor's intent to transfer the property interest to the grantee.
• Description of the Property: The grant must accurately describe the property being conveyed, with sufficient detail to identify it unequivocally.
• Delivery of the Grant: The grant must be delivered to the grantee, signifying the transfer of ownership or right. The nature of delivery can vary depending on the type of property and the jurisdiction.
• Acceptance by the Grantee: While not always explicitly required, the grantee's acceptance of the grant is generally implied by their actions.

Failure to meet any of these requirements could render the grant invalid or voidable, leaving the legal ownership or right in question. Disputes arising from grants often center on issues of capacity, intent, the accuracy of the property description, and the sufficiency of delivery. Judicial interpretation of the grant instrument itself plays a significant role in resolving such disputes. The rules of contract law frequently inform the interpretation of grants.

The term "grant" also appears in other legal contexts, such as in the context of governmental grants of power, rights, or funding. However, the core concept of a transfer of interest remains consistent.