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Under common law, this type of deed technically created a use in the buyer who then gets the title. [3] Under the statute of uses, modern real property law disregards this subtle distinction. [citation needed] A bargain and sale deed is especially used by local governments, fiduciaries such as executors, and in foreclosure sales by sheriffs and ...
A third type of deed, known as a bargain and sale deed, implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at ...
The Statute of Enrolments or Enrolment of Bargains of Lands, etc. Act 1535 was a 1536 Act of the Parliament of England that regulated the sale and transfer of land. The Statute is commonly considered an addition to the Statute of Uses, which was passed within the same Parliament, probably due to an omission in the Statute of Uses.
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Deed of sale conveying a tract of land. Surry County, North Carolina, dated 1784. ... Hath bargained and sold, and by these presents doth grant, bargain, ...
It was a way of avoiding the Statute of Enrolments which required enrolment of a bargain and sale. A lease, in fact being a bargain and sale upon some pecuniary consideration for one year or some other nominal term, is made by the bargainor of a whole freehold (with no fetter on alienation) to a lessee who is in fact the bargainee (buyer), "by ...