Marcus is purchasing a home in Columbia, South Carolina. The seller wants to convey the property with the greatest level of title protection available under South Carolina law. Which type of deed should the seller use to provide Marcus with covenants guaranteeing the title against all claims, including those arising before the seller owned the property?
Correct Answer
A) General warranty deed
A general warranty deed (also called a 'full warranty deed' in some jurisdictions) provides the broadest title protection available. Under South Carolina law and common law principles recognized in SC, the grantor covenants to defend the grantee's title against all lawful claims, including those arising from periods before the grantor owned the property. This is the strongest form of title guarantee a seller can offer and is the standard deed used in arm's-length residential sales in South Carolina.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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.
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