Property OwnershipDeed_typesMEDIUM
Patricia is selling her Bridgeport investment property to an LLC. She has owned the property for 12 years and is aware of a minor encroachment from a neighboring fence that was present when she purchased the property. Patricia's attorney advises her to use a deed that limits her warranty only to acts occurring during her 12-year ownership period, so she is not responsible for the pre-existing encroachment. Which deed type does Patricia's attorney recommend?
Correct Answer
D) Special warranty deed
A special warranty deed is exactly what Patricia's attorney recommends. It limits the grantor's warranty to defects, encumbrances, or claims that arose during the grantor's own period of ownership. Since the fence encroachment predates Patricia's ownership, a special warranty deed would protect her from liability for that pre-existing condition while still warranting against any title defects she may have created during her 12 years of ownership. This is a common choice for sellers who are aware of pre-existing title issues.
Answer Options
A
Bargain and sale deedB
General warranty deedC
Quitclaim deedD
Special warranty deedWhy This Is the Correct Answer
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Deep Analysis of This Property Ownership Question
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Related Topics & Key Terms
Key Terms:
deed_typesspecial_warranty_deedlimited_warrantyencroachmentseller_protection
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