Grants by Implication; Presumptions Favor Grants

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A grantee of lands or a franchise takes nothing by implication but is confined to the terms of his grant; but every presumption is in favor of a grant.

(Orig. Code 1863, § 2334; Code 1868, § 2331; Code 1873, § 2362; Code 1882, § 2362; Civil Code 1895, § 3221; Civil Code 1910, § 3809; Code 1933, § 85-312.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Lands, §§ 3 et seq., 124.

C.J.S.

- 73B C.J.S., Public Lands, § 278.

ALR.

- Reservation in grant of land of right to hunt and fish with like right to the grantee, as limiting the right of the grantee actual owners of the land, 32 A.L.R. 1533.

Release of power of appointment of property, 76 A.L.R. 1430.

Width of way created by express grant, reservation, or exception not specifying width, 28 A.L.R.2d 253.

Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor's spouse, 52 A.L.R.3d 753.

Liability for interference with franchise, 97 A.L.R.3d 890.


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