Key Promises of a General Warranty Deed
- Covenant of Seisin: The grantor warrants that they own the property and have the legal right to convey it.
- Covenant Against Encumbrances: The property is free from any liens or encumbrances, except those listed explicitly in the deed.
- Covenant of Quiet Enjoyment: The grantee’s possession of the property will not be disturbed by someone asserting a superior title.
- Covenant of Warranty Forever: The grantor will defend the grantee against any lawful claims to the title and will compensate for any losses related to such claims.
- Covenant of Further Assurances: The grantor promises to take any future actions necessary to correct any title defects discovered after the transfer of ownership.
Frequently Asked Questions
Q: What should I look for in a general warranty deed? A: Ensure the deed includes the essential covenants such as seisin, against encumbrances, quiet enjoyment, warranty forever, and further assurances.
Q: What actions can I take if a title defect is discovered? A: You should contact a real estate attorney who can explore your legal options and help you seek restitution from the grantor as warranted by the deed.
Q: How does a general warranty deed differ from a special warranty deed? A: A general warranty deed covers the entire history of the property\u2019s title, while a special warranty deed only covers the period during which the grantor owned the property.
Understanding General Warranty Deeds: Your Path to Secure Property Ownership
A general warranty deed is a powerful legal document in property transactions. It ensures that the grantor pledges to protect the grantee against any subsequent claims to the title of the property, providing peace of mind and legal assurances for new property owners. Read on to understand how general warranty deeds operate and to see a real-world example.
What is a General Warranty Deed?
A general warranty deed is a deed in which the grantor guarantees that they hold clear title to a piece of real estate and have the right to sell it. This type of deed provides the highest level of protection for the grantee, as it includes various guarantees and covenants.",“Real-World Example”:"### Example of a General Warranty Deed in Action
Scenario: Abel purchased a parcel of land from Baker, securing a general warranty deed as part of the transaction. Five years later, a title defect is uncovered. It turns out that Mrs. Cabel’s late husband, who previously owned the land, had sold only half of it to Baker, unbeknownst to both Baker and Abel at the time. Resolution: Due to the guarantees provided by the general warranty deed, Abel can seek restitution from Baker for the erroneous half of the property. The deed’s covenants would compel Baker to take responsibility for correcting this title issue or compensating Abel for his loss.",“Conclusion”:"### Conclusion A general warranty deed provides robust protection and reassurance for property buyers, covering them against future claims to the property title. Understanding the key principles and promises of a general warranty deed is crucial for anyone involved in real estate transactions.
Related Terms: Warranty Deed, Title Defect, Grantor, Grantee, Real Estate Law.
