Legal Definitions - lie in grant

Lie in grant is a historical legal term referring to certain types of property rights that could be transferred purely through a written legal document, such as a deed or charter. Unlike physical land, which historically required a public, symbolic act of physical handover (known as "livery of seisin") to transfer ownership, these specific rights could be conveyed solely through a formal written agreement. This term primarily applied to "incorporeal hereditaments"—rights that could be inherited but did not have a physical presence, like a right of way or a right to collect rent.

Here are some examples to illustrate this concept:

• Example 1: A Right of Way

  Imagine a large estate where the owner wants to grant a neighbor the permanent right to cross a specific path on their property to access a public road. This right of way is not a physical piece of land itself, but rather a legal right over the land. To transfer this right, the estate owner would simply sign a formal deed granting the easement to the neighbor. There would be no need for a ceremony where a clod of earth from the path is handed over, because the right to cross the land "lies in grant"—it is transferred effectively by the written document alone.

• Example 2: Fishing Rights

  Consider a historical scenario where a landowner owned a river flowing through their property and wished to sell the exclusive right to fish in that particular stretch of water to a local fishing club. The fishing rights themselves are not a physical plot of land; they are a privilege or a right associated with the land. To transfer these rights, the landowner would execute a formal written agreement or deed with the fishing club. This transfer would be legally binding and effective solely through the document, demonstrating that the fishing rights "lie in grant" and do not require any physical ceremony of possession.

• Example 3: A Rent-Charge

  In historical legal practice, a landowner might have sold a perpetual right to receive an annual payment from their property to another individual, without selling the land itself. This right to receive a periodic payment (known as a rent-charge) is an incorporeal right—it's a financial claim tied to the land, not the land itself. If the original recipient of this rent-charge later wished to transfer their right to receive these payments to a third party, they would simply execute a deed assigning the rent-charge. No physical handover of the land or any part of it would be necessary, as this type of right "lies in grant" and is transferred by written instrument.