Deeds and title disputes: general warranty deeds

Question 1

General warranty deeds

Answer 1

General warranty deeds consist of:

(1) The present covenants of:

• Seisin;
• Right to convey; and
• [The covenant] against encumbrances; and

(2) The future covenants of:

• Quiet enjoyment;
• Warranty; and
• Further assurances.

Question 2

Covenant of seisin

Answer 2

The covenant of seisin guarantees that the deed describes the land in question.

Question 3

Covenant of the right

Answer 3

The covenant of the right guarantees that the grantor (the seller) has the right to convey the property.

Question 4

Covenant against encumbrances

Answer 4

The covenant against encumbrances guarantees that there are no undisclosed encumbrances on the property that could limit its value.

Question 5

Covenant of quiet enjoyment

Answer 5

The covenant of quiet enjoyment guarantees that the grantee’s possession will not be disturbed by a third-party claim.

Question 6

Covenant of warranty

Answer 6

The covenant of warranty guarantees that the grantor will defend against future claims of title by a third party.

In practice, however, because the grantor is only responsible for a third party’s lawful—i.e., valid—claim to title, the grantee can only recover litigation costs if the third party’s claim is successful.

Question 7

Covenant of future assurances

Answer 7

The covenant of future assurances guarantees that the grantor will fix future title problems.