An instrument that does not operate as a present conveyance of title to real property is a contract to convey rather than a deed.” Smith v. “A purchaser takes title to real property solely through a deed. denied).Ī deed (a conveyance) should be distinguished from a contract (a mere promise to convey). One can own a fee simple estate in both legal and equitable property interests.” Jackson v. “An absolute or ‘fee simple’ estate is one entitling the owner to the benefits of that estate during his life and descending to his heirs, devisees, and legal representatives on his death. A deed is a written instrument that conveys legal and equitable title to real property-the legal term is a “fee simple” interest, meaning the highest level of ownership.
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