Covenant For Deed

State:
Michigan
Control #:
MI-BM-022
Format:
Word; 
Rich Text
Instant download

Description

The Covenant for Deed is a legal instrument utilized in real estate transactions that allows a grantor to convey property while retaining certain rights and obligations. This form is particularly useful for representing agreements between parties where the full title of the property is transferred only after specific conditions are met, often seen in seller financing scenarios. Key features include the specification of the property being conveyed, the mention of any covenants or restrictions, and the assurance from the grantor regarding their authority to execute the deed. Filling instructions require users to accurately document the names of the parties involved, property details, and terms of the transaction. Notably, the form must be signed by the grantor and witnessed, often necessitating notarization for authenticity. It serves important use cases for attorneys, partners, owners, associates, paralegals, and legal assistants by documenting property transfers while protecting the seller's interest. Legal professionals can efficiently draft and customize this form to align with specific transactions, ensuring compliance with state regulations. Additionally, it provides a structured approach for managing real estate obligations and encumbrances.
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FAQ

There are up to six express covenants that may be found in a deed: the covenant of seisin, the covenant of the right to convey, the covenant against encumbrances, the covenant of quiet enjoyment, the covenant of general warranty, and the covenant of further assurances.

A property covenant is an agreement between two or more parties regarding certain use of a piece of real property. The covenant will either benefit or burden the landowner. A covenant that burdens the landowner is also called a restrictive covenant.

Covenants can be unenforceable if they expire, if there is a history of the covenant being violated, or if there is no individual or group benefiting from them. Otherwise, they are generally enforceable and you could face legal action if you ignore them.

A deed is a formal document conveying an interest in real property from one party to another. A covenant is most typically going to refer to a condition that is part of either of those transactions, such as a contractual covenant not to compete or a deed covenant to use property in a certain way.

Negative covenants are actions you can't take, while positive covenants are actions you must take. For example, a negative covenant in real estate could prevent you from raising chickens on your property. On the other hand, a positive covenant could require you to mow your lawn.

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Covenant For Deed