The Virginia Granting Clause is a crucial provision in a deed used for transferring property ownership in the state of Virginia. It outlines the essential details of the transfer and the rights granted to the new owner. This clause is often present in Virginia property deeds and serves to legally convey the property from the granter (current owner) to the grantee (new owner). The Virginia Granting Clause contains specific keywords and key phrases that define the nature of the transfer, including "grant," "bargain," "sell," and "convey." When drafting a deed in Virginia, it is important to include these terms to ensure the legal validity of the transfer. There are different types of Virginia Granting Clauses that vary based on the specific interests being conveyed. For instance, there are general warranty deeds, special warranty deeds, and quitclaim deeds. 1. General Warranty Deed: This type of Granting Clause provides the highest level of protection to the grantee. It guarantees that the granter holds clear and marketable title to the property and ensures that the grantee is protected against any potential claims or liens against the property's title. 2. Special Warranty Deed: In this Granting Clause, the granter only warrants against claims and liens that arose during their ownership of the property. This means that the granter does not provide protection against any claims that existed before their ownership. 3. Quitclaim Deed: This type of Granting Clause offers the least amount of protection. It simply transfers the granter's interest in the property to the grantee, without any guarantees regarding the property's title. A quitclaim deed is often used in situations where the granter's interest is uncertain or when transferring property between family members. In summary, the Virginia Granting Clause is a critical component of property deeds in Virginia, explicitly stating the transfer of ownership rights from the granter to the grantee. The different types of Granting Clauses, including general warranty deeds, special warranty deeds, and quitclaim deeds, provide varying degrees of protection to the grantee. It is crucial to understand the specific provisions of each type of deed when transferring property in Virginia.
Virginia Granting Clause
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For the purpose of selling, assigning, exchanging, transferring, or conveying such investments and property, the fiduciary has the power to make, execute, acknowledge, and deliver any and all instruments of conveyance, deeds of trust, or assignments in such form and with warranties and covenants as the fiduciary deems ...
The words "with general warranty" in the granting part of any deed shall be deemed to be a covenant by the grantor "that he will warrant generally the property hereby conveyed." The words "with special warranty" in the granting part of any deed shall be deemed to be a covenant by the grantor "that he will warrant ...
An immediate estate or interest in or the benefit of a condition respecting any estate may be taken by a person under an instrument, although he is not a party to such instrument; and if a covenant or promise is made for the benefit, in whole or in part, of a person with whom it is not made, or with whom it is made ...
Title 55 - PROPERTY AND CONVEYANCES. Chapter 1 - Creation and Limitation of Estates; Their Qualities (55-1 thru 55-25.1) 55-17.1 - Trusts not to fail because no beneficiaries are specified by name and no duties laid on trustee; when interest of beneficiaries deemed personal property; liens.
Except as provided in this section, a recordation tax on deeds of trust or mortgages is hereby imposed at a rate of 25 cents on every $100 or portion thereof of the amount of bonds or other obligations secured thereby.
§ 55.1-2307. "Agent" means the authorized agent designated by the purchaser or seller in a ratified real estate contract, listing agreement, or other writing designating such agent.
Removal of a cloud on title; nature of plaintiff's title.
§ 55.1-100. Aliens may acquire, hold, and transmit real estate; when reciprocity required. Any alien, not an enemy, may acquire by purchase or descent and hold real estate in the Commonwealth, and such real estate shall be transmitted in the same manner as real estate held by citizens.