Warranty deed

Warranty deed

A general warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee (buyer). The guarantee is not limited to the time the grantor owned the property—it extends back to the property's origins. A General Warranty Deed includes six traditional forms of Covenants for Title. Those six traditional forms of covenants can be broken down into two categories: "present covenants" and "future covenants".

*Present Covenants
**"Covenant of Seisin & Covenant of Right to Convey" - Covenants that represent the seller's promise that he has title and possession and can validly grant or convey both
**"Covenant Against Encumbrances" - Seller promises that there are no encumbrances, other than those that have been previously disclosed
*Future Covenants
**"Covenant of Warranty and Covenant of Quiet Enjoyment" - Covenants that represent seller's promise to protect the buyer against anyone who comes along later and claims paramount title to the property
**"Covenant of Further Assurances" - If seller omitted something required to pass valid title, seller promises to do whatever is necessary to pass title to buyer

Note - Not all states recognizes the Covenant of Further Assurances (e.g. Ohio)

Most people hire someone to perform a title search to determine if there are defects that must be resolved before they purchase real property. They can also purchase title insurance, which covers many types of losses that occur if problems are discovered later, but title insurance raises a number of other legal issues.

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Look at other dictionaries:

  • warranty deed — see deed Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. warranty deed n. A deed …   Law dictionary

  • warranty deed — n. Law a deed to real estate containing a covenant of warranty: see WARRANTY (sense 3c) …   English World dictionary

  • warranty deed — A deed in which the grantor warrants good title (warranties of siezin; quiet enjoyment; right to convey; and free of encumbrances and defenses of title) (SA Bankruptcy.com) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • warranty deed — A document that transfers title to real estate from a grantor to a grantee. The distinguishing characteristic of a warranty deed is that it guarantees the grantor s right to make such a conveyance and that the grantor s title is free of all liens …   Financial and business terms

  • warranty deed — Law. a deed containing a covenant of warranty. Cf. quitclaim deed. [1770 80, Amer.] * * * …   Universalium

  • warranty deed — noun : a deed containing a covenant of warranty; especially : one certifying that the covenantor has a good title in fee simple free and clear of all liens and encumbrances and that the covenantor will defend against the claims of all persons …   Useful english dictionary

  • warranty deed — noun Date: 1779 a deed warranting that the grantor has a good title free and clear of all liens and encumbrances and will defend the grantee against all claims …   New Collegiate Dictionary

  • warranty deed — A deed conveying land and containing the usual covenants of title. Bowen v Thrall, 28 Vt 382, 385. See title covenants …   Ballentine's law dictionary

  • warranty deed — certificate given to one who buys a guarantee for a product which is purchased …   English contemporary dictionary

  • Special Warranty Deed — A special warranty deed is a deed in which the seller warrants or guarantees the title only against defects arising during the period of his or her tenure or ownership of the property. The grantor makes no warranty against defects existing before …   Investment dictionary

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