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Property OwnershipDeed_typesMEDIUM

Sandra is a Connecticut real estate salesperson representing buyer Kevin, who is purchasing a property in Waterbury. At closing, Kevin receives a deed that recites he is receiving the property 'with warranty covenants,' but the deed does not specify whether the warranty covers all claims or only those arising from the grantor's period of ownership. Under Connecticut law, how should this deed most likely be interpreted?

Correct Answer

D) As a general warranty deed, because the phrase 'with warranty covenants' implies the broadest protection

Under Connecticut law and standard deed interpretation principles, when a deed recites that it is conveyed 'with warranty covenants' without further limitation, it is generally interpreted as a general warranty deed providing the broadest warranty against all claims from any source. Connecticut's deed statutes recognize that the use of warranty covenant language without qualification implies a full, unlimited warranty. Kevin would be entitled to the protections of a general warranty deed.

Answer Options
A
As a special warranty deed, because any unspecified warranty is presumed to be limited
B
As a quitclaim deed, because ambiguous warranty language defaults to no warranty
C
As a bargain and sale deed, because no specific warranty type is identified
D
As a general warranty deed, because the phrase 'with warranty covenants' implies the broadest protection

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Related Topics & Key Terms

Key Terms:

deed_typesgeneral_warranty_deeddeed_interpretationwarranty_covenantsbuyer_protection

Related Concepts

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.

A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.

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