Contents
What six covenants or warranties are included in a general warranty deed?
They are (1) covenant for seisin; (2) covenant of the right to convey; (3) covenant against encumbrances; (4) covenant for QUIET ENJOYMENT; (5) covenant of general WARRANTY; and (6) covenant for further assurances.
What are general warranty covenants?
In a conveyance of real estate, or any interest therein, the words “general warranty covenants” have the full force, meaning, and effect of the following words: “The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted premises; that they are …
How many covenants are in a general warranty deed Arizona?
Traditionally, general warranty deeds include six common law covenants of title. Those six covenants can be separated into two categories: present covenants and future covenants.
What are the warranties in a deed?
A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title. The property is free and clear of all liens and outstanding claims. The title would withstand third-party claims to ownership of the property.
What is a general warranty?
A warranty deed, also known as a general warranty deed, is a legal real estate document between the seller (grantor) and the buyer (grantee). The deed protects the buyer by pledging that the seller holds clear title to the property and there are no encumbrances, outstanding liens, or mortgages against it.
What is survivorship language on a deed?
A Survivorship Deed transfers residential or commercial property from one property owner (the grantor) to another (the grantee) while allowing them to avoid going through probate when they (the grantor) passes away. The parties transferring property in a Survivorship Deed must have full ownership of the property.
What are the covenants in a general warranty deed?
Covenant of further assurance – The Grantor promises, in order to make the title good, they will deliver any document or instrument necessary. The covenants or warranties in a general warranty deed do not cover just the period of ownership of this grantor.
How long does a general warranty deed last?
The covenants or warranties in a general warranty deed do not cover just the period of ownership of this grantor. They extend back to the origin of the property.
Where does a general warranty deed go in the title chain?
They extend back to the origin of the property. Each grantor of a general warranty deed in the title chain would be liable for title problems, which would likely show up in an abstract of title, before and through their ownership.
Can a warranty deed not be legally binding?
Many states require warranty deeds to expressly identify its covenants in order for them to be legally binding. However, in some states certain warranty covenants are implied by law and may not appear in the actual deed. Check with a title agent or local attorney to confirm the warranty covenants included in your deed.