Maria purchases a home in Worcester, Massachusetts. After closing, she discovers that a neighbor holds an easement across the backyard that predates the previous owner's purchase of the property. If Maria received a quitclaim deed at closing, what is the most likely outcome regarding her legal recourse against her grantor?
Correct Answer
D) Maria has limited recourse because a quitclaim deed only covenants against encumbrances created by the grantor during their ownership, not those predating it.
Under MGL Chapter 183, Section 10, a Massachusetts quitclaim deed includes implied covenants only against encumbrances and defects created by the grantor during their period of ownership. Because the easement predates the grantor's ownership, the grantor did not create it, and therefore the quitclaim deed covenants do not protect Maria against this pre-existing encumbrance. Her recourse against the grantor is limited.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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