This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
The form which was in use after 1845 has been shortened in many ways by the Conveyancing Act, 1881. For instance -
(i.) The word "grant" is not necessary, the word "convey" or any other words clearly showing the intention, will have the same effect (d),
(ii.) It is still necessary to use words of limitation to create a fee simple or a fee tail; but the Act allows the words "in fee simple" to be used instead of the words "and his heirs," and the words "in tail" to be used instead of the words "the heirs of his body" (e).
The only case in which a fee simple may be granted without words of limitation is in the case of a grant to a corporation: for a corporation has no heirs.
A corporation aggregate requires no words of limitation.
A corporation sole. The grant should be made to the officer and his successors (f).
(iii.) A grant of land carries with it all easements and rights enjoyed with the land (g).
Before this enactment " general words," i.e. a long list of all sorts of possible appurtenances and rights were expressly set out in the conveyance.
When the land is bounded by a river or a road, the grant (prima facie) includes half the soil of the bed of the river or half the soil under the road.
(d) S. 49 (1). (e) S. 51.
(f) See p. 26. (g) S. 6.
If the land is in Middlesex, or Yorkshire, or in the Bedford Level, any deed or will or document affecting the land must be entered a register.
If the land is in the County of London, the title to the land itself must be entered on the register created by the Land Transfer Act, 1897.
(See more fully, Chapter XXXIV (Registration. Section I. Registration Of Incumbrances And Claims Against Land)., "Registration.")