Legal Definitions - biting rule

Definition: The biting rule is a legal principle that states that if a deed or will grants a fee simple, any later provision that attempts to modify, cut down, or qualify the grant will be considered void.

Example: Let's say that John grants a fee simple to Jane for a piece of property. Later, John tries to add a provision that says Jane cannot use the property for commercial purposes. This provision would be considered void under the biting rule because it attempts to modify the original grant of a fee simple.

Explanation: The biting rule is designed to ensure that the original grant of a fee simple is not undermined by later attempts to modify it. This helps to provide clarity and certainty in property ownership, as it ensures that the original grant remains in effect unless it is explicitly revoked or modified in a legally valid way.