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The quitclaim deed, also called a non-warranty deed, offers the grantee the least amount of protection. This type of deed conveys whatever interest the grantor currently has in the property?if any.
While a special warranty deed conveys fee simple title and provides the same five covenants of title that a general warranty deed does, to wit: the covenant of seisin. covenant of the right to convey. covenant against encumbrances.
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 warranty deed provides guarantees of clear title to real property and that the current owner has the legal right to sell it or transfer it to another party. A quitclaim deed, in contrast, contains no guarantees about the quality of the title or owner.
The guarantees of a general warranty deed are known as covenants. Traditionally, there are six covenants of title which can be divided into present covenants and future covenants.
General Warranty Deed ? The General Warranty deed is often referred to simply as a warranty deed. It is a deed conveying title where the seller (grantor) makes six covenants or promises to the buyer (grantee) as part of the conveyance.
Covenant of Exceptions and Reservations. *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.
Quitclaim Deed This type of deed guarantees nothing and there is no expressed or implied warranty that grantor owns the property or any interest in it. Moreover, a quitclaim deed does not convey any after-acquired title. 7. Principal Instruments of Transfer - California Department of Real Estate ca.gov ? files ? pdf ? refbook ? ref07 ca.gov ? files ? pdf ? refbook ? ref07
Quitclaim Deed A deed used to transfer any interest in real property that the grantor may have. It contains no warranties of any kind. Deeds lavote.gov ? home ? recorder ? forms ? deeds lavote.gov ? home ? recorder ? forms ? deeds
Special warranty deeds do not protect against mistakes in a free-and-clear title that may exist before the seller's ownership. Thus, the grantor of a special warranty deed is only liable for debts, problems, or other encumbrances to the title that they caused during their property ownership.