What background knowledge is needed for this Titles Deeds Recording question?

The six covenants of a general warranty deed — seisin, quiet enjoyment, right to convey, against encumbrances, warranty, and further assurances — developed in English common law as a way to give deed recipients enforceable promises without requiring them to independently verify every aspect of title. Florida adopted these covenants, and they remain enforceable today. Title insurance emerged in the late 19th century precisely because these covenants, while legally sound, were only as valuable as the grantor's ability to pay — if ABC Corp. went bankrupt, the Johnsons' covenant claims would be worthless without insurance.

What is a good way to remember the answer to this Titles Deeds Recording question?

Remember the covenants with the phrase 'SEQRAW': Seisin, Encumbrances, Quiet enjoyment, Right to convey, Against all claims (warranty), and further assurances (Written promises to fix). When a grantor breaches any of these, think of a broken SEQRAW — the grantor 'squandered' what they promised to protect. For this specific question, focus on 'Seisin = Ownership' — if they didn't own it, they breached seisin the second they signed the deed.

What exam tip applies to this Titles Deeds Recording question?

Exam questions about general warranty deed breaches almost always involve the covenant of seisin (grantor didn't own what they conveyed) or the covenant against encumbrances (hidden liens or easements). When you see a scenario where the grantor conveyed something they didn't fully own, immediately identify seisin as the breached covenant. Be alert to wrong answers that cap damages or eliminate recourse — warranty deed covenants exist precisely to give buyers unlimited recourse, and Florida law does not cap those damages at the original purchase price.

How does this Titles Deeds Recording concept apply in real world practice?

The Johnsons in Tampa discover that the city is threatening to fence off the 10-foot rear strip because the prior owner, Old Farmer Jenkins, never signed a deed to ABC Corp. for that strip. The Johnsons hire an attorney who sends a demand letter to ABC Corp. citing breach of the covenant of seisin (ABC didn't own the strip) and the covenant of quiet enjoyment (the Johnsons' use is being disturbed). ABC Corp. must either cure the title defect by acquiring the strip from Jenkins' heirs or pay the Johnsons damages reflecting the diminished value of their lot — potentially far more than the original purchase price if property values have risen.

Titles Deeds RecordingDeeds_flHARD

Developer ABC Corp. sells a lot in a new Tampa subdivision to the Johnsons using a general warranty deed. Two years later, the city discovers that ABC Corp. never properly acquired title to a 10-foot strip along the rear of the lot from the previous owner. The city threatens to take action against the Johnsons. What recourse do the Johnsons have?

Correct Answer

B) They can sue ABC Corp. for breach of the covenant of seisin and covenant against encumbrances

ABC Corp. breached the covenant of seisin (warranting they owned what they conveyed) and potentially the covenant against encumbrances by conveying property they didn't fully own. The Johnsons can sue for breach of these warranties. Buyers are entitled to rely on warranty deed covenants. Quitclaiming back to ABC Corp. wouldn't solve the title problem. Damages aren't limited to the original purchase price and may include current value and costs.

Answer Options

No recourse because they should have discovered the defect before purchasing

They can sue ABC Corp. for breach of the covenant of seisin and covenant against encumbrances

They must quitclaim their interest back to ABC Corp.

They can only seek damages equal to what they originally paid for the property

Why This Is the Correct Answer

Why the Other Options Are Wrong

Deep Analysis of This Titles Deeds Recording Question

Background Knowledge for Titles Deeds Recording

Real World Application in Titles Deeds Recording

Common Mistakes to Avoid on Titles Deeds Recording Questions

Related Concepts

Deed

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.

Deed Requirements (Essential Elements)

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.

Escrow

Escrow is an arrangement in which a neutral third party holds documents, funds, or other items on behalf of the buyer and seller until all conditions of the transaction are met.

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