. . . Real Estate Law Lecture Notes: Deeds . . . . ..
. . . . .
TYPES OF DEEDS
General Warranty Deed-
When
the deed speaks of warranties, there are six warranties or covenants (promises
that survive the transfer). These are the present and the future covenants
Present
covenants
- Covenant
of seisin: The grantor has legal possession or the legal right to possess.
- Covenant of the right to convey: Any interest requiring another to also
convey an interest would be a breach of this covenant. (undisclosed partner,
unrecorded deed)
- Covenant against encumbrances:
Future
covenants
- Covenant
of further assurances: The grantor will make any additional conveyances in
the future if it becomes necessary, in order to give full enjoyment to the
grantee.
- Covenant of quiet enjoyment: The grantee need not fear anybody has a right
of eviction or any person will assert an adverse claim.
- Covenant of warranty: see above.
Special Warranty Deed-
The warranty
covenants only cover the grantor and people claiming rights through the grantor.
So, this deed would only cover undisclosed easements placed on the land by
the grantor. But if there were to be discovered an unknown easements that
arose from a source other than the grantor, like a previous grantor, the warranty
would not cover it.
Quitclaim
Deed-
No warranties.
The grantor transfers only whatever interest the grantor has. Foreclosure
deeds, executors deeds, trustee deeds, and the like, will be quitclaim deeds.
