Grant may inure to

benefit of stranger.

S482. A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto.

This provision is contrary to the common law (Craig v.
Wells, 11 N. Y., 315; Hornbeck v. Westbrook, 9
Johns., 73). But a similar provision has been enacted
in England (8 & 9 Vict., c. 106, § 5).

CHAPTER II.

TRANSFER OF REAL PROPERTY.

ARTICLE I. Mode of transfer.
II. Effect of transfer.

ARTICLE I.

Requisites to convey certain estates.

Grants in fee, or of freeholds how execu

to take

MODE OF TRANSFER.

SECTION 483. Requisites to convey certain estates.

484. Grants in fee or of freeholds, how executed; when to take

effect.

485. Form of grant.

486. Grant by married woman must be acknowledged.

487. Livery of seizin.

$483. An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent, thereunto authorized by writing.

2 R. S., 134, § 6.

S484. A grant of an estate in real property, other than an estate for years or at will, must be ted; when sealed by the grantor or his agent; and if not duly acknowledged, previous to its delivery, according to the provisions of chapter IV of this Title, its subscription and seal must be attested by at least

effect.

one witness; or if not so attested, it has no effect as
against a subsequent purchaser or incumbrancer, or
those claiming under him, until so acknowledged.

1 R. S., 738, § 137. The word "subsequent" is inserted
on the authority of Wood v. Chapin, 13 N. Y., 509,
524. A grant is not absolutely void for want of
attestation (Ib.). The words "subscription and seal"
are substituted for "execution and delivery."

A grant of an estate in land in fee (Jackson v. Wendell,
12 Johns., 73), or for life (People v. Gillis, 24 Wend., 201),
and a grant of an estate in an incorporeal hereditament
in fee (Wickham v. Hawker, 7 M. & W., 76; Brown v.
Woodworth, 5 Barb., 555), for life (see Hewlins v.
Shippam, 5 B. & C., 221; Wood v. Leadbitter, 13 M.
& W., 838), for years (Somerset v. Fogwell, 5 B. & C.,
875; Wallis v. Harrison, 2 M. & W., 538; Mayfield v.
Robinson, 7 Q. B., 487; Thomas v. Fredericks, 10 id.,
775; Bird v. Higginson, 2 Ad. & El., 696; but see to
the contrary, Warren v. Leland, 2 Barb., 618), at will
(see Wood v. Leadbitter, 13 M. & W., 838), or of un-
certain duration (Roffey v. Henderson, 17 Q. B., 574),
must at common law be under seal. The only excep-
tion was the grant of an original chattel of a thing
properly lying in grant (see Hewlins v. Shippam, 5
Barn. & Cr., 230; Somerset v. Fogwell, id., 882).

$485. A grant of an estate in real property may Form of be made, in substance, as follows:

"This grant, made the .. day of ........, in the
between A. B., of .
of .......

year

part, and C. D., of ..........

nesseth :

of the first

of the second part, wit

"That the party of the first part hereby grants to the party of the second part, in consideration of.......... dollars, now received, all the real property situated and bounded

in

"Witness the hand and seal of the party of the first part.

"A. B. [SEAL.]"

In England, the following form is prescribed by 8 & 9
Vic., c. 119:

"This indenture, made, &c., in pursuance of an act to
facilitate the conveyance of real property, between A.
B. and C. D.: witnesseth: that in consideration of
......, now paid by the said C. D. to the said A.
B. (the receipt whereof is hereby by him acknow-

grant.

Grant by married woman must be acknowledged.

Livery of
Seizin.

ledged), he, the said A. B., doth grant unto the said C
D., his heirs and assigns forever, all that

In witness whereof, the said parties hereto have
hereunto set their hands and seals."

Chancellor Kent (4 Com., 461), recommends the follow-
ing:

"I, A. B., in consideration of one dollar to me paid by
C. D., grant to him the lot of land [describing it]

Witness my hand and seal," &c.

A form briefer still was held sufficient in Kentucky
(Chiles v. Conley, 2 Dana, 23).

S486. No estate in the real property of a married
woman passes by any grant purporting to be executed
or acknowledged by her within this state, unless the
grant is acknowledged by her in the manner pre-
scribed by section 521.

1 R. S., 758, § 10. Modified by making the require
ment apply to grants executed, and acknowledgments
taken within the state, instead of to acknowledg-
ments, wherever taken, of a married woman residing
in the state. The fact of residence is often difficult to
ascertain, and the validity of the acknowledgment
should not be made to turn upon it.

$ 487. The mode formerly in use, of conveying lands by feoffment, with livery of seizin, is abolished. 1 R. S., 738, § 136.

ARTICLE II.

What easenis pass 4th proDorty.

EFFECT OF TRANSFER.

SECTION 488. What easements pass with property.

489. No implied covenants in grants,

490. How far conclusive on purchasers.

491. Grants by owners for life or for years.
492. Title to highway.

493. Attornment by tenant unnecessary.

494. Lineal and collateral warranties.

S 488. A transfer of real property passes all easements attached thereto,' and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent, as such property was obviously

i

and permanently used by the person whose estate is transferred, for the benefit thereof,' at the time when the transfer was agreed upon or completed.3

2

Eno v. Del Vecchio, 4 Duer, 53; United States v. Apple

ton, 1 Sumn., 492; see Huttemeier v. Albro, 18 N.
Y., 48.

Lampman v. Milks, 21 N. Y., 505; Huttemeier v. Albro,
18 id., 48; Thayer v. Payne, 2 Cush., 327; Nicholas
v. Chamberlain, Cro. Jac., 121; Robbins v. Barnes,
Hobart, 131.

Although the question does not seem to have been
decided, there can be little doubt that the grantee is
entitled to the benefit of these quasi easements
whether existing at the time a grant is bargained
for, or at the time when it is actually delivered.

$489. No covenant is implied in any grant of an estate in real property, whether it contains special covenants or not, except as provided by the Title on HIRING.

1 R. S., 738, § 140. A demise of an estate for years in
an incorporeal hereditament (Mayor of N. Y. v. Mabie,
13 N. Y., 151), or in land (Tone v. Brace, 11 Paige,
566), has been held not to be "a conveyance of real
estate;" but a transfer of an existing lease (see Tone
v. Brace, 11 Paige, 569), or an original lease in fee
(Carter v. Burr, 39 Barb., 59, 65) is such a conveyance.
The words "grant of an estate in real property," are
inserted in place of the words above quoted, in order
to avoid these distinctions.

S490. Every grant of an estate in real property is conclusive against the grantor and every one subsequently claiming under him, except a purchaser or incumbrancer who, in good faith, and for a valuable consideration, acquires a superior title or lien by an instrument that is first duly recorded.

1 R. S., 739, § 143, 144.

S491. A grant, made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer. 1 R. S., 739, § 145.

Title to highway.

Attornment

by tenant,

when unnecessary.

Liabilities

of tenant.

Lineal and collateral

S492. A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the highway in front thereof.

Bissell v. N. Y. Central R. R., 23 N. Y., 61.

S493. When real property is occupied by a tenant, a grant of any estate therein, by his landlord, is valid without an attornment of the tenant to the grantee; but the payment of rent to such grantor, by his tenant, before notice of the grant, is binding upon the grantee; and the tenant is not liable to the grantee for any breach of the condition of the lease, until he has had notice of the grant.

1 R. S., 739, § 146.

S494. Lineal and collateral warranties, with all warranties. their incidents, and all the incidents of feudal tenures, not expressly retained by this Code, are abolished. The liability of those who acquire the real property of a decedent, by will or succession, is regulated by the CODE OF CIVIL PROCEDURE.

1 R. S., 739, § 141. See Appendix D. in the original draft of this Code.

CHAPTER III.

TRANSFERS OF PERSONAL PROPERTY.

ARTICLE I. Mode of transfer.

II. What operates as a transfer.

III. Gifts.

When must

be in writing.

ARTICLE I.

MODE OF TRANSFER.

SECTION 495. When must be in writing.

496. Transfer by sale, &c.

$495. An interest in a ship,' or in an existing trust,' can be transferred only by operation of law, or by a