Monday, December 7, 2009

Types of Deeds

A deed is a written document that transfers ownership of real property from one person to the next. There are three main types of deeds that are used in the United States. These include; general warranty deed, limited warranty deed, and quitclaim deed.
A general warranty deed is a deed containing full warranty of title. There are six covenants or warranties in a general warranty deed. These include; covenant of seisin, covenant of right to convey, covenant against encumbrances, covenant for further assurance, covenant for quiet enjoyment, and covenant for warranty. These covenants or warranties are made by the grantor, or the person who is transferring ownership of the land.
Covenant of Seisin- Seisin means the right to possession of property. The seller will warrant that the grantor has possession of the land being transferred. The covenant of seisin also warrants that the grantor has ownership or title to the land.

Covenant of Right to Convey- This is a promise made on behalf of the grantor of the deed that the grantor owns the land and has the right to transfer ownership of the land. An interest in the land held by another person would cause a breach of this covenant.

Covenant against Encumbrances- This is a promise that the land is unencumbered or that the land is free and clear from mortgages, liens, taxes, leases, easements, or any other restrictions that might restrict the use of the land or be a debt on the land.

Covenant of Further Assurance- This is a promise that in the future, the seller will make any conveyance necessary to vest in the buyer of the deed the title intended to be conveyed.

Covenant of Quite Enjoyment and Warranty- These two covenants are usually the same. They involve a warranty that the buyer of the deed will be able to quietly enjoy the land without fear of eviction and without fear of any third party assertion of adverse claims.

A limited warranty deed is a deed in which the grantor covenants only against the lawful claims of people claiming by, through, or under the grantor.

A quitclaim deed contains no warranties of title and only transfers the interest the grantor has in the land and not the land itself. These types of deeds are usually found in foreclosure deeds, executor’s deeds, administrator’s deeds, and trustee’s deeds.

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