Covenants for Title and Types of Deeds Flashcards
Quitclaim Deed
Contain no covenants, and grantor isn’t even promising to have title to convey.
Marketable title pre-closing still applies
General Warranty Deed
Covenant of Seisin - promises he owns estate
Covenant of Right to Convey - grantor has power/ability to transfer
Convent Against Encumbrances - No servitudes or liens
Covenant of Quiet Enjoyment - won’t be disturbed by 3rd party claims of lawful title
Covenant of Warranty - Promise to defend grantee against lawful claims
Covenant of Further Assurances - Promise to do whatever is needed in future to perfect the title
Statutory Special Warranty Deed
Statute, Deed contains two promises that grantor makes on behalf of himself
Grantor promises: he hasn’t conveyed property to another grantee AND property is free from encumbrances made by grantor.