Conveyancing

Question 1

Deed Validity Requirements

Answer 1

To be valid, a deed or other conveyance must be (1) executed, (2) delivered, and (3) accepted. The deed must contain words of intent, such as “grant” or “convey,” and any oral conditions are generally not enforced.

Question 2

Quitclaim Deed

Answer 2

A quitclaim deed conveys only what the seller has, but includes the warranty of marketable title

Question 3

Marketable Title

Answer 3

. Marketable title is title reasonably free from doubt—title that a reasonably prudent buyer would be willing to accept. Title by adverse possession does not appear as of record, and thus is not marketable title.

Question 4

Warranty Deed

Answer 4

A warranty deed contains three present covenants: the covenants of

(1) seisin (title and possession);
(2) right to convey; and
(3) against encumbrances (other than those recorded prior and appearing on the preliminary title report);

and three future covenants:

(4) quiet enjoyment (grantee will not be disturbed in possession by a lawful claim of title);
(5) warranty (grantor agrees to defend grantee’s title and compensate the grantee for loss as a result of an undisclosed superior title); and
(6) further assurances (to perform whatever further acts are necessary to perfect title in the grantee).