A Minnesota warranty deed transfers title from grantor to grantee with the grantor making certain covenants. Which of the following covenants is included in a general warranty deed but NOT in a special warranty deed under Minnesota conveyancing practice?
Correct Answer
A) The covenant warranting title against defects arising before the grantor's ownership
A general warranty deed contains covenants that warrant title against all defects and claims, including those that arose before the grantor acquired the property. A special warranty deed, by contrast, only warrants title against defects and encumbrances that arose during the grantor's period of ownership. The key distinction is that the general warranty extends to the entire chain of title, while the special warranty is limited to the grantor's own acts and omissions.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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