Conveyance fee meaning12/30/2023 ![]() ![]() If there were no evidence of such historic use, as in Hamilton, supra, then an easement would be reserved, and not the fee interest in the right of way excepted. In such case, even if he used the word “reserve”, the grantor would have excepted the fee interest in the way by “reserving” this existing passage way in the deed. Thus, these cases hinge upon what was on the ground prior to the severance of the common estate by the grantor, i.e., whether the grantor historically used a pathway over his land subsequently conveyed to reach the retained portion of his property. Instead the test is what effect the language has: whether to exclude an existing right from conveyance or vest a new right in grantor.” Hamilton, supra, citing McDermott, supra (citations omitted). As previously stated, “he use of the terms “except” or “reserve” in the grant is not determinative. ’ Such a new right does not survive the grantor without words of inheritance accompanying the reservation.” Id., quoting Ashcroft, supra (citations omitted). In contrast, “n easement is reserved from the conveyance if the right or interest is a ‘new right or interest not before existing in. An easement excluded from the conveyance remains with the grantor in fee and, therefore, survives him or her.” Hamilton v. An easement is excepted from the conveyance if the right or interest existed prior to the conveyance. “Prior to 1912 the distinction between an exception and a reservation of an easement in a conveyance was critical in determining whether the easement survived the grantor’s death. This distinction, nevertheless, historically had legal significance. In either case, however, it is the grantor who retains or is granted an interest in the estate otherwise conveyed to the grantee. It is sufficient if it exists in fact on the surface of the ground, even though at the time of the deed all the ground is owned by one person.ģ26 Mass. But to constitute an exception the easement need not have had a legal existence before the deed. ![]() When the effect of the words is to create in the grantor some easement not before existing, the result is a reservation. In determining whether a particular form of words constitutes an exception or a reservation, little reliance can be placed upon the use of the word reserve or the word except. The distinction between reservations and exceptions was further explicated by the Supreme Judicial Court in McDermott v. vests in the grantor in the deed some new right or interest not before existing in him.” Ashcroft v. ![]() “The operation of an exception in a deed is to retain in the grantor some portion of his former estate, which by the exception is taken out of or excluded from the grant and whatever is thus excluded remains in him as of his former right or title, because it is not granted. But, what are exceptions and what are reservations in deeds? Chapter 183, Section 58), I discussed exceptions and reservations under Subsection (b) of that statute, which exempt conveyances from the law’s operation. In my last post on the Derelict Fee Statute (Mass. ![]()
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