Marcus purchased a home in Nashville from a private seller who provided a general warranty deed at closing. Two years later, a third party filed a claim asserting that a title defect existed before Marcus's seller ever owned the property. Under Tennessee law, which of the following best describes Marcus's protection in this situation?
Correct Answer
D) Marcus is protected because the general warranty deed covers claims arising at any time, including before the grantor's ownership
A general warranty deed in Tennessee includes covenants that warrant the title against all lawful claims and demands whatsoever, regardless of when the defect arose. Because the seller gave Marcus a general warranty deed, the seller is obligated to defend Marcus's title even against claims that predate the seller's period of ownership. This is the defining characteristic that distinguishes a general warranty deed from a special warranty deed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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