Patricia purchases a home in Fairfax County, Virginia, and receives a general warranty deed at closing. Three years later, a title company discovers that a previous owner had an unrecorded lien on the property that predates Patricia's purchase. Under the covenants in a Virginia general warranty deed, which party bears responsibility for this defect?
Correct Answer
D) The grantor who conveyed the property to Patricia, because the general warranty covers all prior defects
Under Virginia law, a general warranty deed contains covenants by which the grantor warrants the title against all lawful claims and encumbrances, whether arising before or during the grantor's ownership. Because the lien predates Patricia's purchase and the grantor conveyed title with a general warranty, the grantor is obligated to defend Patricia's title and compensate her for losses caused by this defect. This is the defining feature of a general warranty deed — the grantor's liability extends to the entire chain of title.
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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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