Margaret is purchasing a home in Lexington, Kentucky. The seller wants to convey the property with the greatest level of title protection available under Kentucky law, warranting title against all claims — both those arising during the seller's ownership and those arising from any prior owners. Which type of deed should the seller use?
Correct Answer
A) General warranty deed
A general warranty deed provides the broadest title protection available in Kentucky. Under Kentucky common law and recognized deed practice, the grantor covenants to defend the grantee's title against all claims, including those arising before and during the grantor's period of ownership. This is the deed type that offers the greatest protection to a buyer and is commonly used in residential real estate transactions in Kentucky.
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Related Topics & Key Terms
Key Terms:
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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