IV.   Consensus

Conveyance is a term used to define the physical process of transfer and delivery of certain property or rights from one party to another, as well as any instrument which serves a similar purpose in the transfer of property or rights from one party to another.

The term conveyance appeared in the English language from the late 16th from the term convey, derived from two Latin words com meaning “together, with” and via meaning “way or road” and the suffix –ance meaning “state, quality, process of”.

In terms of the meaning of conveyance as an instrument, conveyance includes every instrument in writing under seal by which any estate or interest in real estate is created, aliened, mortgaged or assigned, or by which the title to any real estate may be affected in law or equity except will and testaments, leases of less than three years or executor contracts for the sale or purchase of lands

In terms of the meaning of conveyance as a physical process, there are Five (5) forms being Absolute, Conditional, Primary, Secondary and Voluntary:

(i) Absolute Conveyance is one by which the right or property in a thing is transferred free of any condition or qualification by which it might be defeated or changed; and

(ii) Conditional Conveyance is one by which the right or property in a thing is transferred under conditions by which it might be changed or revoked such as a standard mortgage; and

(iii) Primary Conveyance is the first by which the benefit or estate arises, such as by gift, grant, feoffment, lease, exchange and partition; and

(iv) Secondary Conveyance is the term used for all subsequent conveyances presupposing a primary conveyance and for the purpose to enlarge, confirm, alter, restrain, restore or transfer the interest granted by the original conveyance; and

(v) Voluntary Conveyance is one without valuable consideration such as a deed or settlement in favor of a spouse or offspring.