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Which statement provides the greatest assurance that you are getting fee simple ownership?

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Question & Answer

Review the question and all answer choices

A

The owner will give a general warranty

A general warranty deed provides protection against title defects but doesn't specifically guarantee the type of estate being conveyed. The warranty addresses title quality, not the estate type.

B

The owner can furnish title insurance.

Title insurance protects against financial loss from title issues but doesn't guarantee the type of estate being conveyed. It's a risk mitigation tool, not a statement of ownership type.

C

The deed contains the covenant of seisin.

The covenant of seisin is a promise that the grantor actually owns the property and has the right to convey it, but it doesn't specify the type of estate being conveyed.

D

The habendum clause states that a fee

Correct Answer

Why is this correct?

The habendum clause explicitly defines the type of estate being conveyed, making it the most direct assurance of fee simple ownership. This clause specifically states the nature and extent of the interest being transferred, leaving no ambiguity about receiving the highest form of ownership.

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