What does this mean?

Question

Intro: Im the Grantor and my mother is the Grantee.

TO HAVE AND TO HOLD all of the above described property together with all the rights, privileges, appurtenances, and improvements thereunto belonging unto the GRANTEE, during her lifetime with a remainder to the Grantor.

Notice: The word "together" in (TO HAVE AND TO HOLD all of the above described property [[[[ together ]]]]] with all the rights, privileges, appurtenances, and improvements thereunto belonging unto the GRANTEE, during her lifetime with a remainder to the Grantor.

*** Does this mean that even though I have given my mother life estate that I share the same rights she does in regard to the property???

Answer 1

The "together" means "and also", so you have given your mother the rights to the property and the rights, etc, but you have not given her the right to dispose of the property or will it to anyone else.

Answer 2

"together with" refers to more property than referred to in the "to have and to hold" part. Who gets the "what" starts with the word "unto".

Okay, to have and to hold the above described property means it conveys the land in the legal description. Now, it goes on and says "together with" something else. That something else is "rights, privileges" which may mean an easement over adjoining land to get to a lake, or shared use of a common driveway. It means you get some control on the area outside of the legal description. "appurtenances and improvements" means in addition to the land, the house and sidewalks and fences and anything that doesn't grow naturally.

"unto" and all that follows creates the Life Estate with a Remainder in yourself.

No, you do not have the same rights exactly. She has a present interest, you have a future interest. She has the same rights you did before the deed, except that what she can sell is limited by her lifetime. She could sell it to me, and it would be mine for an indefinite period, with all the full rights as a present owner. However, on her death, it reverts to you completely.

The difference between her rights and yours are only in the timing, and the fact she cannot sell anyone a full fee simple forever, because she doesn't own it "forever", YOU do.

Any more questions, feel free to email me.

edit: In the absence of another deed by YOU, the property passes to you on her death by operation of law, which means it is not in her estate, you do not inherit it, it is not a taxable gift because you already owned what you will get at her death before you created this deed.

Answer 3

granting clause which includes the bundle of rights usually associated with the real property interest; the party getting the conveyance gets it all no one else gets anything and yes you are a party to the conveyance but in the future not now when you get it it could include a mortgage.

Answer 4

"TO HAVE AND TO HOLD the same together with all and singular appurtenances thereunto belonging or in anywise appertaining and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second parties forever".

Answer 5

My mom says that means she grants you stuff and your spose say thank you.

Answer 6

yes-- and you inherit