In Virginia, all of the following statements about a general warranty deed are correct EXCEPT:
Correct Answer
C) The grantor's warranty obligation is limited to the period during which the grantor held title
Option C is incorrect and therefore the answer to this EXCEPT question. A general warranty deed's warranty is NOT limited to the grantor's period of ownership — that is the characteristic of a special warranty deed. Under Virginia law, a general warranty deed obligates the grantor to warrant title against all lawful claims and encumbrances, whether they arose before, during, or after the grantor's period of ownership. The unlimited scope of the warranty is what distinguishes a general warranty deed from a special warranty deed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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