The Florida Granting Clause, also known as the granting clause in a deed, is an essential component of a real estate transaction in Florida. This clause specifies the nature and extent of the property rights that the granter conveys to the grantee. It outlines the legal rights, interests, and privileges transferred from the current owner (granter) to the buyer (grantee) of a property. In the state of Florida, there are different types of Granting Clauses commonly used depending on the purpose of the deed: 1. General Warranty Granting Clause: This type of Granting Clause provides the highest level of protection for the grantee. It assures that the granter warrants the title against all previous ownership claims, both known and unknown, arising at any time before the granter's ownership. 2. Special Warranty Granting Clause: This Granting Clause also known as the Limited Warranty Granting Clause, provides a lesser level of protection compared to the General Warranty clause. The granter warrants the title against any claim arising only during the period in which the granter owned the property. 3. Quitclaim Granting Clause: This type of Granting Clause offers the least amount of protection for the grantee. The granter does not claim to have any ownership interest in the property, but simply conveys any interest they may have, if any, to the grantee without any warranties or guarantees. While these are the commonly used types of Granting Clauses in Florida, other variations may exist depending on the specific circumstances of the transaction, such as special clauses added to address specific contingencies related to the property or its title. When drafting or interpreting a Granting Clause in Florida, it is crucial to consult with an experienced real estate attorney or a qualified professional familiar with Florida's real estate laws to ensure compliance and a clear understanding of the rights and protections conveyed by the clause. Understanding the implications of the Granting Clause is vital for both the granter, who is transferring their property, and the grantee, who is acquiring the property, to have a smooth and legally sound real estate transaction in the state of Florida.
Granting Clause In Real Estate
Description whats a special warranty deed
How to fill out Florida Granting Clause?
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FAQ
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.
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.
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".
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.
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.
689.07 ?Trustee? or ?as trustee? added to name of grantee, transferee, assignee, or mortgagee transfers interest or creates lien as if additional word or words not used.
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.
A grant deed, also known as a special or limited warranty deed, is a legal document used to transfer real estate between a previous owner (the grantor) and a new owner (the grantee). A grant deed warrants that: The grantor has not transferred the property to anyone else.