Margaret purchased a home in Baltimore County from a developer who had recently constructed the property. The deed she received warranted title only against claims arising from the developer's own acts or omissions during the construction and ownership period, but not against any pre-existing title defects. What type of deed did Margaret most likely receive?
Correct Answer
D) Special warranty deed
A special warranty deed (also called a limited warranty deed in some jurisdictions) contains covenants by which the grantor warrants title only against claims and encumbrances arising through the grantor's own acts during the period of the grantor's ownership. Developers commonly use special warranty deeds because they are willing to warrant against defects they may have caused but do not want to assume liability for title issues that predate their ownership. This is consistent with Maryland Real Property Article §§ 2-101 et seq.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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