LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Grant and Settlement – Distinction Between
PRINCIPLE STATEMENT
This court had long before now clearly decided that there is a difference between a grant and a settlement. For while a grant comes from a previous title holder to a subsequent one called a grantee, settlement does not recognize a previous titleholder.
RATIO DECIDENDI (SOURCE)
"This court had long before now clearly decided that there is a difference between a grant and a settlement. For while a grant comes from a previous title holder to a subsequent one called a grantee, settlement does not recognize a previous titleholder."
EXPLANATION / SCOPE
A “grant” involves transfer from a previous titleholder (grantor) to a subsequent one (grantee), recognising the grantor’s prior title. A “settlement” does not recognise any previous titleholder—it creates rights independently. The distinction is crucial in land law and conveyancing. Settlement implies original allocation or occupation without reference to a predecessor. Grant implies derivative title. The legal consequences differ: a grantee must prove the grantor’s title; a settler need not. The principle affects proof of title and root of title. A party claiming under a settlement claims independent original title. A party claiming under a grant must trace title through the grantor. The court examines the language of the document or transaction to determine which applies.
