A Maryland licensee is helping a buyer client review the deed they received at settlement for a property in Prince George's County. The deed states that the grantor conveys the property 'with covenants' but does not specify general or special warranty. Under Maryland law, what is the legal effect of this language?
Correct Answer
C) The deed is treated as containing general warranty covenants, providing the broadest title protection
Under Maryland Real Property Article § 2-105, when a deed conveys property 'with covenants' without further specification, Maryland law implies that the grantor is making general warranty covenants. The statutory covenants implied by this language include the covenant of seisin, the covenant of the right to convey, the covenant against encumbrances, and the covenant of general warranty — providing the grantee with the broadest available title protection. This is a Maryland-specific statutory rule that exam candidates must know.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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.
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