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Old 12-17-2004, 09:29 PM
sagas4
 
Posts: n/a
Jerry,

I have an uncertified copy of a patent. It says John Doe, heirs and assigns forever.



If you look at a warranty deed, indenture deed, etc., if there has never been a sheriff's sale or other governmental body that has sold the land the deed will usually say, Grants, Conveys, and Assigns, otherwise it will only say convey.



If you buy the appurtenances attached to the land, the land is usually granted and assigned to you via some form of equity device like a deed. Are you not then an assign to the original patent if the chain of ownership is unbroken by a tax sale?


The reason for only a convey on a tax sale is because you are only purchasing an interest in the things attached to the land, not the land itself, so it can only be conveyed. The state has no authority to grant or assign. At least that is my current understanding, but I may be incorrect. If so please correct and let us know.
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