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The Regrettable Rebirth Of The Two-Grant Doctrine In Texas Deed Construction, Laura H. Burney
The Regrettable Rebirth Of The Two-Grant Doctrine In Texas Deed Construction, Laura H. Burney
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Deed construction has been a perennial task for courts since the Statute of Uses accorded legal approval to written transfers of land in 1536. Unfortunately, two Texas cases, Luckel v. White and Jupiter Oil Co. v. Snow, may signal the rebirth of the dubious two-grant doctrine, which had seen its demise in Alford v. Krum. Under this theory, a multi-clause deed is construed as making separate grants of different types of interests in a particular tract of property or varying sizes of one interest at different times.
The ramifications of the holdings in Luckel and Jupiter Oil expose the inappropriateness …