Transfers of Land

Question 1

Types of Deeds

Answer 1

(1) General Warranty (most protective; warrants title against all defects no matter where they arose.
(2) Special Warranty (2nd most protective; warrants title only against Grantor’s acts or omissions)
(3) Quitclaim (least protective) generally no warranties.

Question 2

Fraud

Answer 2

• BFP takes good title if deed was obtained by Fraud

- BFP does not take good title if deed was Forged.

Question 3

General Warranty Covenant

Answer 3

Breached, if ever, at closing
PRESENT
(1) Seisin: warrants he owns the estate
(2) Right to Convey
(3) Against Encumbrances: warrants there are no undisclosed encumbrances (i.e. easements, mortgages)
FUTURE
(4) General Warranty: Grantor agrees to defend purchaser against claims of superior title.
(5) Quiet Enjoyment: Grantor warrants that purchaser will not be disturbed in possession and enjoyment by assertion of superior title.
(6) Further Assurances: Grantor promises he will execute any other documents required to perfect title.