Deeds Flashcards
General Warranty Deed
(warranties of title)
contains the most protections for the buyer. It Warrants against the acts by the seller and predecessors in title. (best warranty) (1-6)
Covenant of Seisin
(covenant of general warranty deed-buying)
this means the grantor warrants that he/she owns the entire estate they are selling
Covenant of right to convey
(covenant of general warranty deed-buying)
this means that the seller has a right to convey (usually goes with covenant of seisin, but there are a few circumstances where this is not the case)
Covenant against encumbrances
(covenant of general warranty deed-buying)
this means that there are no encumbrances on the property that will pass to the buyer
Covenant of quiet enjoyment
(general warranty occurs after sale)
this means that the buyer will not be disturbed in their ownership by a party with superior title. Practically the same as covenant of general warranty but specifically guaranteeing that buyer will be able to u the property without interference from others
Covenant of general warranty
(general warranty occurs after sale)
this means that the seller will defend the buyer against lawful claims related to title, and will compensate the buyer for any loss related to someone asserting superior title (no one comes knocking and saying it is their house)
Covenant of further assurances
(general warranty occurs after sale)
this means that the seller promises that he will execute any other documents required to perfect title
Special Warranty Deed
guarantees against acts by the seller, but not predecessors in title (1-3)
Quit Claim Deed
has no warranties. It only conveys whatever the seller has (mainly used between parties who have shared interest in property)
Estoppel by Deed
This prevents an individual from arguing in court a position counter to what that person stated in a previous deed. (Most commonly used when someone sells property they do not actually own).