Main Content
D. Construing Ambiguous Grants
We’ve recited a few formulas for creating the small number of common-law interests you’ve encountered. For example, “to A and his heirs” creates a fee simple absolute in A; “to B for life, then to C” creates a life estate in B and a remainder in C. But the actual language of documents conveying legal interests in real property don’t always stick to the formula—especially (but unfortunately not exclusively) when they are drafted without the assistance of counsel. Consider the following case.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.