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If a defect in the title arises years before the grantor owned the property, then the grantor is still liable under the covenants for title. General warranty deeds guarantee to the grantee that the property is being transferred free and clear, or without any encumbrances or limitations.
In New York, a full covenant and warranty deed provides the grantee with general covenants made by the grantor and the covenant under Section 13 of the New York Lien Law. This Standard Document has integrated notes with important explanations and drafting tips for both grantors and grantees.
General Warranty Deed the covenant of seisin, meaning that the grantor warrants they own the property and has the legal right to convey it. the covenant against encumbrances, denoting that the grantor warrants that the property is free of liens or encumbrances, except as specifically stated in the deed.
*A general warrant deed contains five covenants to include Covenant of Seisin, Covenant of Quiet Enjoyment, Covenant Against Encumbrances, Covenant of Further Assurance, and Covenant of a Warranty Forever. There is no Covenant of Exceptions and Reservations included.
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.