In a conveyance or reservation of real estate the terms, "heirs," "assigns" or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention clearly appears in the deed.
History: 1941 Comp., § 75-132, enacted by Laws 1947, ch. 203, § 7; 1953 Comp., § 70-1-32.
ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Deeds §§ 221 to 320.
Reservation of minerals as including minerals recoverable only by open pit mining, 1 A.L.R.2d 787.
Oil or gas "royalty" within language of exception or reservation, 4 A.L.R.2d 492.
Sufficiency of description in exception or reservation as to standing timber, 35 A.L.R.2d 1422.
Written matter as controlling printed matter in construction of deed, 37 A.L.R.2d 820.
Oil and gas as "minerals" within reservation or exception in deed, 37 A.L.R.2d 1440.
Relative rights, under deed given to municipality, to minerals, oil, and gas underlying streets, alleys, or parks, 62 A.L.R.2d 1311.
Reservation or exception as creating separate and independent legal estate in solid minerals or as passing only incorporeal privilege or license, 66 A.L.R.2d 978.
Reservation or exception in deed in favor of stranger, 88 A.L.R.2d 1199.
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.