y endorsed or
further receipt. A vendor, who is the absolute beneficial owner, now
conveys expressly "as beneficial owner," which words, by virtue of the
Conveyancing Act 1881, imply covenants by him with the purchaser that he
has a right to convey, for quiet enjoyment, freedom from incumbrances,
and for further assurance--limited, however, to the acts and defaults of
the covenantor and those through whom he derives his title otherwise
than by purchase for value. A trustee or an incumbrancer joining in the
deed conveys "as trustee" or "as mortgagee," by which words covenants
are implied that the covenantor individually has not done or suffered
anything to incumber the property, or prevent him from conveying as
expressed. As to the operative words, any expression showing an
intention to pass the estate is effectual. Since the Conveyancing Act
1881, "convey" has become as common as "grant," which was formerly used.
(4) The property may be described either in the body of the deed or in a
schedule, or compendiously in the one and in detail in the other. In any
case it is usual to annex a plan. Different kinds of property have their
appropriate technical words of description. _Hereditaments_ is the most
comprehensive term, and is generally used either alone or in conjunction
with other words more specifically descriptive of the property conveyed.
(5) The habendum begins with the words "to hold," and the estate, on a
sale in fee-simple, is limited, as already mentioned, not only _to_, but
also _to the use of_, the purchaser. Before the Conveyancing Act 1881,
it was necessary to add, after the name of the purchaser, the words "and
his heirs," or "his heir and assigns," though the word "assigns" never
had any conveyancing force. But since that Act it is sufficient to add
"in fee-simple" without using the word "heirs." Unless, however, one or
other of these additions is made, the purchaser will even now get only
an estate for his life. If the property is to be held subject to a lease
or incumbrance, or is released by the deed from an incumbrance
previously existing, this is expressed after the words of limitation.
(6) Where any special covenants or provisions have been stipulated for,
or are required in the circumstances of the title, they are, as a rule,
inserted at the end of the conveyance. In simple cases none are needed.
Where, however, a vendor retains documents of title, which he is
entitled to do where he sells a part only