The Arizona Granting Clause is a critical component of a real estate deed, particularly in the state of Arizona. It is a legally binding provision that outlines the transfer of property rights from a granter (seller) to a grantee (buyer) in clear and concise terms. The Arizona Granting Clause, also known as the "Granting and Conveying" clause, encompasses several essential elements. These include a statement of intent to transfer ownership, the identification of the property being conveyed, the acknowledgment of consideration (payment), and the affirmation of the granter's legal authority to transfer the property. One type of Arizona Granting Clause that is commonly used is referred to as a General Warranty Deed. This type of deed provides the highest level of protection to the grantee, as it includes several warranties from the granter. These warranties typically guarantee that the granter holds clear and marketable title to the property, that the property is free from any encumbrances (liens, mortgages, etc.), and that the granter will defend the grantee's rights against any claims arising from previous owners. Another type of Arizona Granting Clause is the Special Warranty Deed. In this case, the granter only warrants or guarantees against any title defects or encumbrances that occurred during the granter's period of ownership. This means that the granter is not responsible for any past title issues or claims that may arise from previous owners. Lastly, there is a type of Arizona Granting Clause called the Quitclaim Deed. Unlike the General and Special Warranty Deeds, this type of deed provides the least amount of protection to the grantee. It makes no warranties or guarantees regarding the property's title, encumbrances, or defects, if any. A quitclaim deed simply transfers whatever interest, if any, the granter has in the property to the grantee. In summary, the Arizona Granting Clause plays a crucial role in real estate transactions within the state. It outlines the transfer of property rights, ensures legality and authority, and may take the form of a General Warranty Deed, Special Warranty Deed, or Quitclaim Deed depending on the level of protection and warranties provided to the grantee.
Arizona Granting Clause
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The covenant of seisin (also seizin) is a promise that the grantor owns the property and has the right to convey title. The covenant of seisin states that the property is free from liens or other encumbrances except as noted in the deed.
The granting clause contains the verbiage of transfer of any right, claim, or privilege an individual has toward land or real property (interest) while the habendum clause defines the estate granted and outlines the extent of the interest conveyed.
Usually, the habendum clause states the property is transferred without restrictions. This means the new owner has absolute ownership of the property upon satisfying their conditions (usually payment in full) and has the right to sell or bequeath the property to an heir and so on.
The covenant of seisin (also seizin) is a promise that the grantor owns the property and has the right to convey title. The covenant of seisin states that the property is free from liens or other encumbrances except as noted in the deed.
The granting clause contains the verbiage of transfer of any right, claim, or privilege an individual has toward land or real property (interest) while the habendum clause defines the estate granted and outlines the extent of the interest conveyed.
Granting Clause: The clause in the deed that lists the grantor and the grantee and states that the property is being transferred between the parties.
A habendum clause is a clause in a deed or lease that defines the type of interest and rights to be enjoyed by the grantee or lessee. In a deed, a habendum clause usually begins with the words "to have and to hold".
Operative Words Of Conveyance These words of conveyance, also termed words of grant or operative words, constitute the granting clause of the deed. Depending on the jurisdiction, the interest being conveyed and the warranties given by the grantor, these words are: "grant and convey" "grant, bargain, and sell"