In New York real estate practice, what is a "bargain and sale deed with covenant against grantor's acts"?
Correct Answer
D) A deed that warrants the grantor has not impaired the title during their ownership
A bargain and sale deed with covenant against grantor's acts warrants that the grantor has not done anything during their period of ownership to impair or encumber the title. This is a limited warranty that covers only the grantor's actions, not defects that may have existed before the grantor acquired the property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Marketable title is title that is free from reasonable doubt as to who the owner is and free from liens, encumbrances, or defects that would cause a reasonable buyer to hesitate before purchasing. It is also known as merchantable title.
Probate is the legal process by which a deceased person's will is validated by the court and their estate is administered, including the transfer of real property to the named beneficiaries or heirs.
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
More Property Ownership Transfer Questions
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In New York, what is the primary difference between an owner's title insurance policy and a lender's title insurance policy?
In New York, what type of property interest does a cooperative apartment represent?
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- → David's condominium unit in Albany suffers water damage from a burst pipe in the common area. Under typical New York condominium arrangements, who is responsible for repairs to David's unit interior?
- → Under New York's recording system, what happens when two deeds for the same property are recorded on the same day?
- → Lisa owns a condominium unit and wants to rent it to tenants. The condominium bylaws contain restrictions on rentals. Under New York law, what is the general rule regarding an owner's right to rent their condominium unit?
- → Sarah purchases a condominium unit in Manhattan. As a New York condominium owner, what type of property interest does she hold in the unit itself?
- → Sarah purchased a home in Albany and received her deed on March 15th. She recorded the deed with the county clerk on April 2nd. Under New York recording law, when did Sarah's ownership become effective against third parties?
- → Mark owns a penthouse condominium unit in Manhattan that includes exclusive use of the rooftop terrace. He wants to install a hot tub on the terrace. The terrace is designated as a limited common element in the declaration. What approval does Mark need under New York law?
- → Under New York recording law, all of the following documents must be recorded to provide constructive notice to third parties EXCEPT:
- → Linda is purchasing a resale condominium unit in Yonkers. During the transaction, she discovers the seller owes three months of unpaid common charges. Under New York law, who is typically responsible for these unpaid charges at closing?
- → Jennifer Adams purchased a historic brownstone in Brooklyn, NY, with title insurance. One year later, the city claims a portion of her property for a street widening project that was authorized by a resolution passed two years before her purchase, but not recorded in the public records until after her purchase. The taking reduces her property value by $75,000. What is the most likely outcome regarding her title insurance coverage?
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Robert owns property in Queens and wants to deed it to his three children as joint tenants with right of survivorship. Under New York law, what specific language must be included in the deed to create this tenancy?
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Under New York law, all of the following are required elements for a valid deed EXCEPT: