<sigh> ...
So much confusion among the tax protestor crowd.
When a deed says something along the lines of "A.B. conveys and warrants all interest in Blackacre to C.D., and his heirs and assigns forever" the words "and his heirs and assigns forever" DO NOT mean that A.B. has
actually conveyed the property to C.D.'s heirs and assigns as well.
The words are interpreted as what are called "words of limitation" and they indicate the kind of title conveyed.
Quote:
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"The technical words to create a fee are by a devise to one and his heirs, and the words 'heirs and assigns' are words of limitation and not of purchase." Allen v. Heikkinen, 364 Mich. 129 (1961).
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The words "A.B. conveys and warrants all interest in Blackacre to C.D." are "words of purchase" showing that A.B. has conveyed to C.D. his interest in the property. The words after that basic grant, which refer to "heirs and assigns" tell us
what kind of estate was passed to C.D.
In this case, title is conveyed to C.D. ... and the words "and his heirs and assigns" indicates that he has passed a fee simple.
If the words had been "and the heirs of his body," the title conveyed would be a fee tail. A type of estate that can pass only to lineal descendants and which reverts to the owner if at some point the descendant holding title fails to have children. And note, this type of estate is abolished in most states now.
There are many ways to grant property. Important caveat: and of course, you can't grant more that what you got from the previous owner.
You can grant all title and interest ... a fee simple.
You can grant property to someone to use for that person's life, with the property reverting to the grantor when the grantee dies ... a life estate.
You can grant a possessory interest in property ... with title remaining in the grantor ... and possession reverting to the grantor after a stated time ... this is called a lease.
You can grant a right of way over property ... an easement.
You can place restrictions on subsequent owners ... like "A.B. conveys to C.D. all his interest in Blackacre so long as said property is used for religious purposes" ... and this will give title to C.D. ... and if he fails to use the property for religious purposes, the property will go back to the grantor (A.B.)
A fee simple estate is ownership of the property.
Leases, easements, and other lessor estates convey
interests in the property without conveying full title.
Having worked in a law office where we dealt with quiet title actions and property it is absolutely painful to watch tax protestors make bone-headed statements about conveying property. It becomes increasingly clear that you guys really have no clue about deeds, writing deeds, the passing of interests in land, etc.