Marcus is purchasing a home in Indianapolis from a private seller who has owned the property for 15 years. The seller wants to provide the strongest possible title guarantee, warranting against any defects in title that arose at any point in the property's history — not just during the seller's period of ownership. Which type of deed should the seller use to convey the property to Marcus?
Correct Answer
A) General warranty deed
A general warranty deed provides the broadest form of title protection available in Indiana. The grantor covenants to defend the grantee's title against all claims, whether those claims arose before, during, or after the grantor's period of ownership. Under Indiana common law and practice consistent with IC 32-21-1, a general warranty deed includes the covenants of seisin, quiet enjoyment, further assurance, warranty, and against encumbrances — covering the entire chain of title. This is the deed type used in most arm's-length residential sales in Indiana when a seller is willing to provide full title guarantees.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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