The general warranty deed contains five traditional covenants: covenant of seisin, covenant of right to convey, covenant against encumbrances, covenant of quiet enjoyment, and covenant of further assurance. These covenants protect the grantee against any title defects that occurred at any point in the property's history, not just during the grantor's ownership. Lenders typically require a general warranty deed for financed purchases.
Sarah purchases a home with a mortgage. Her lender requires the seller to provide a general warranty deed. Years later, someone claims an ownership interest from a defect that occurred 30 years ago. Because Sarah received a general warranty deed, her seller is legally obligated to defend her title.
The general warranty deed offers the MOST protection to the grantee — this is one of the most frequently tested concepts. Remember the five covenants using the mnemonic "Sir Conveys Every Quiet Assurance" (Seisin, Convey, Encumbrances, Quiet enjoyment, Assurance).
Related Terms
Related Concepts
A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
For a deed to be valid, it must contain several essential elements including a competent grantor, identifiable grantee, consideration, legal description, granting clause, signature of the grantor, and delivery and acceptance.
Frequently Asked Questions
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