North Dakota General Warranty Deed (To Joint Tenants with Right of Survivorship)
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FAQ
A special warranty deed differs from a general warranty deed in that where a general warranty deed guarantees title against interests predating the grantor's ownership of the property, a special warranty deed merely guarantees title only against defects arising during the time the grantor owned the real property.
General Warranty Deed A general warranty deed is the gold standard of property transfers. This type of deed is overwhelmingly used in residential purchases. Most lenders require a warranty deed for properties they finance. It offers buyers the greatest possible protection from future claims against the title.
While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.
Before a warranty deed can be recorded in North Dakota, it must be signed and acknowledged by the grantor, and must contain original signatures (47-19-03). If a warranty deed has not been acknowledged as required, it must be proved by a subscribing witness to entitle it to be recorded (47-10-05).
A traditional deed simply transfers the ownership of a property from one party to another (in other words, the seller to the buyer.) Whoever legally holds the deed is the rightful owner of the property. A warranty deed, on the other hand, contains special assurances that the seller makes to the buyer.
A joint tenancy with right of survivorship is a type of co-ownership where upon the death of one of the co-owners (one of the joint tenants), the interest (property rights) of the deceased joint tenant (co-owner) passes to the other (surviving) joint tenants regardless of what the will of the deceased co-owner [or ...
A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during his ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.
Cent. Code § 30.1-32.1-02. An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
