DEED FAQ

See forms: Quit Claim Deed Forms  |  Warranty Deed Forms

Quitclaim Deed:

Quit claim deeds transfer (convey) only that interest in the property in which the grantor has title.  Please note that a quit claim deed does not guarantee or warranty good title to the property. It is perfectly legal to quit claim rights to property that you do not own. A quit claim deed transfers only the interest the seller has in the property and, if none, the buyer has effectively received nothing. Quit claims are also used to clear up questions of full title when a person has a possible but unknown claim or interest in the property. Commonly used in transfers of title or interests in title, quit claim deeds are often used between family members, divorcing spouses, or between people well-known to each other.  Grant and warranty deeds guarantee (warrant) that the grantor has full title to the property or the interest the deed states is being conveyed.

 

Warranty Deed:

With a warranty deed, the grantor (seller) makes the following guarantees to the grantee (buyer):

  1. Covenant of seisin (possession) - the grantor warrants that they have clear title to the property and the legal right to convey it.
  2. Covenant against encumbrances - the grantor warrants that the property is free of encumbrances apart from those of record or disclosed to the buyer.
  3. Covenant of quiet enjoyment - the grantor guarantees that the title is free of any defects and that grantor will defend the title against claims from any and all persons.
  4. Covenant of further assurance - the grantor promises to deliver any document or instrument necessary to perfect the title (make the title good).

 

Special Warranty:

With a special warranty deed, the grantor (seller) warrants that the premises are free from all encumbrances made by the grantor, and that the grantor, his heirs, executors, administrators and successors will warrant and defend the same to the grantee, his heirs, successors and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other. Please note:

  1. There is no guarantee against encumbrances that may have been present when the grantor received the property.
  2. There is no guarantee against title defects that may have been present when the grantor received the property, nor does it obligate the grantor to do anything further once the title is transferred.

 

Bargain and Sale:

Bargain and sale deeds provide no guarantee that the land being sold is free of encumbrances. It implies that the grantor has title, but not one that is necessarily free of defects.  Used mainly by banks or tax authorities that did not occupy the land or are not aware of all encumbrances attached by the previous owner, and thus do not want to guarantee against encumbrances.

 

 

 

 

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