Sandra purchased a home in Anne Arundel County in 2018 using a general warranty deed. In 2024, a third party filed a claim asserting that a previous owner from 1995 had never properly conveyed title, meaning Sandra's grantor never had valid title to convey. Under the covenants in Sandra's general warranty deed, which of the following is most accurate?
Correct Answer
B) Sandra can pursue the grantor for breach of warranty because a general warranty deed covers all title defects, including those predating the grantor's ownership
A general warranty deed contains covenants by which the grantor warrants and defends title against all lawful claims and demands, regardless of when they arose. This means the grantor's warranty extends to title defects that existed even before the grantor's period of ownership. Under Maryland Real Property Article §§ 2-101 et seq., Sandra can pursue her grantor for breach of the warranty of title because the claim against her title falls within the scope of the general warranty covenants, even though the defect originated in 1995 — well before the grantor acquired the property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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