What does the term heirs and assigns mean in a deed?

Answer 1

In a deed, the term "heirs and assigns" refers to the individuals who will inherit or receive the property rights outlined in the deed. "Heirs" typically refers to the legal successors of the original owner, such as children or other family members. "Assigns" refers to individuals to whom the property rights may be transferred or assigned by the original owner. Including this term in a deed ensures that the property rights can be passed on to future generations or assigned to others as needed.

Answer 2

It means the grant is intended to be indefinite. For instance if I grant a right of way to my neighbor Susan to take a short cut via a driveway over my property and do not say "and to her heirs and assigns" then the ROW would die when she dies or sells her property. If I grant the ROW to Susan, her heirs and assigns then the ROW goes on forever. The words "heirs and assigns" were traditionally used in a deed to grant a fee simple estate meaning that the grantee is the absolute owner and can sell the property or leave it to his heirs.

Answer 3

"Heirs and assigns" is a term of art formerly required to create a FEE SIMPLE interest in real property at common law. Those words are no longer required in most jurisdictions to convey the fee and for the most part the use of those words in modern deeds is only a formality.

The word "heirs" made the land INHERITABLE by the owner's heirs and the word "assigns" meant the grantee could transfer ownership to another party who would acquire all the rights enjoyed by the grantee. Those elements provided absolute ownership. As late as the early twentieth century, in some states in the United States, a grant of land without the words "and his heirs" would only create a life estate in the grantee and the land would revert to the grantor upon the grantee's death.

There are other contexts where those words still have legal significance. If a ROW, spring rights or other easement is or was granted to William Darcy, with no further language, the grant may die when he dies. If the ROW or easement was granted to William Darcy, his heirs and assigns, then the ROW would run with the land and any heirs or grantees in the chain of title would also acquire the ROW or easement.