Section 47-1-30 – [“Quitclaim deed” effective in fee simple without warranty.]
A deed in substance following the form entitled “quitclaim deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use of any interest the grantor owns in the premises, without warranty. History: 1941 Comp., § 75-129, enacted […]
Section 47-1-31 – [“Special warranty deed”; effect.]
A deed in substance following the form entitled “special warranty deed” shall, when duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his heirs, executors, administrators, and successors, […]
Section 47-1-32 – [“Grant” effective as a word of conveyance.]
In a conveyance of real estate the word “grant” shall be a sufficient word of conveyance without the use of the words “give, bargain, sell and convey” and no covenant shall be implied from the use of the word, “grant.” History: 1941 Comp., § 75-131, enacted by Laws 1947, ch. 203, § 6; 1953 Comp., […]
Section 47-1-33 – [Unnecessary terms; construction of deeds or reservations.]
In a conveyance or reservation of real estate the terms, “heirs,” “assigns” or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention clearly appears […]
Section 47-1-34 – [Rights included without enumeration.]
In a conveyance or mortgage of real estate all rights, easements, privileges and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary shall be stated in the deed, and it shall be unnecessary to enumerate or mention them generally or specifically. History: 1941 Comp., § 75-133, enacted by Laws […]
Section 47-1-35 – [Conveyance or mortgage to joint tenants.]
In a conveyance or mortgage of real estate, the designation of two or more grantees “as joint tenants” shall be construed to mean that the conveyance is to the grantees as joint tenants, and not as tenants in common, and to the survivor of them and the heirs and assigns of the survivor. History: 1941 […]
Section 47-1-36 – Joint tenancies defined; creation.
A joint tenancy in real property is one owned by two or more persons, each owning the whole and an equal undivided share, by a title created by a single devise or conveyance, when expressly declared in the will or conveyance to be a joint tenancy, or by conveyance from a sole owner to himself […]
Section 47-1-37 – [Effect of warranty covenants in conveyances.]
In a conveyance of real estate the words, “warranty covenants” shall have the full force, meaning and effect of the following words: “the grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns, that he is lawfully seized in fee simple of the granted premises; that they […]
Section 47-1-38 – [Effect of special warranty covenants in conveyances.]
In a conveyance of real estate the words “special warranty covenants” shall have the full force, meaning and effect of the following words: “the grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns that the granted premises are free from all enucumbrances [encumbrances] made by the […]
Section 47-1-26 – [Tax assessment or payment in name of nonowner is not cloud on title.]
That the entry of payment of taxes by any person, partnership, corporation or corporations upon tax rolls of any county opposite the assessment of any real estate on the said tax rolls or the entry upon the said tax rolls or any other official tax records in the office of the county assessor or treasurer […]