Legal Definitions - present conveyance

A present conveyance refers to the immediate and effective transfer of ownership or a legal right from one party to another. Unlike an agreement to transfer something in the future, a present conveyance means the transfer happens at the very moment the necessary legal documents are properly executed and delivered. The recipient gains immediate legal title or rights to the property or interest being conveyed, without any conditions or delays.

• Example 1: Real Estate Sale

  When Ms. Chen purchases a new condominium from a developer, they both sign the deed and other closing documents. The moment these documents are legally executed and delivered, ownership of the condominium immediately transfers from the developer to Ms. Chen.

  This illustrates a present conveyance because Ms. Chen becomes the legal owner of the property right away, at the time of signing and delivery, rather than at some future date or upon the fulfillment of a condition.

• Example 2: Gift of Personal Property

  Mr. Davies decides to immediately give his valuable antique grandfather clock to his niece, Emily, as a birthday gift. He signs a simple document stating the transfer of ownership and hands it to Emily, along with the clock itself.

  This is a present conveyance because Mr. Davies has, at that very moment, transferred all his ownership rights in the clock to Emily. She immediately becomes the legal owner, and the transfer is not contingent on any future event.

• Example 3: Grant of an Easement

  A homeowner, Sarah, grants her neighbor, Tom, an immediate right-of-way across a specific portion of her backyard to access a public park. They sign an easement agreement, which is then recorded with the local land registry office.

  This demonstrates a present conveyance because Tom immediately acquires the legal right to use that specific part of Sarah's property for access, effective from the moment the easement document is finalized and recorded. He doesn't have to wait for a future event to gain this right.