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Deeds and Warrants of Title

Deeds and Warrants of Title

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Published by Ryan Sprinkle

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Published by: Ryan Sprinkle on Apr 29, 2012
Copyright:Attribution Non-commercial


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General Warranty Deed Concept G warrants… Against all defects either before or after grantor took title Contains

All Unless Specified

Special Quitclaim Covenant Warranty Deed Deed of Seisin Against Conveys defects caused only what by grantor’s acts title or omissions grantor has she owns estate conveyed

Covenant Covenant Against of Right Encumbrances to Convey she has right to convey no encumbrances to property

Covenant of Gen. Warranty Defend against lawful claims & will compensate grantee

Coven. Quiet Enjoyment Grantee will not be disturbed in possession by superior title

Coven. Further Assurance Execute any other documents required to perfect title conveyed

Warranty Type

All that grantor is causally connected to


Present Covenant – SOL runs @ date of delivery of deed; right to sue can be assigned to remote grantee so long as SOL satisfied. Rockafellor v. Gray. G breaches if not having title or not satisfying the elements of AP. Breach by not having right to convey interest.
(Lack Agency, Being APer).

Future Covenant – SOL runs @ time of eviction or when covenant is broken

Breach of Covenant

Latent violation of restrictive land use statute/ordinance @ time of conveyance ~ breach. Frimberger v. Anzellotti.

Constructive Eviction occurs when one holding paramount title interferes w/ Grantee’s right of possession. Brown v. Lober.

Damages for Breach

Return of all or a portion of the purchase price. Nominal or actual or Property’s full Val if Grantee transfers prop. to Grantor

Follow rules of Ks: restore status quo ante.
If easily removed, D = $ of removal. If not, D = Land Val. w/o Encum – Land Val w/ Encum.

Attorney Fees for 3rd party?

Estoppel Merger

If G, Conveys land to Grantee that G does not own, Warrants title to that land, and Later acquires title to that land, then G is estopped to deny he had title at time of the deed passing title to Grantee (Applies only where they warranted the deed…not quitclaim) Absent provisions in the deed to the contrary, the K for Sale and the deed merge, leaving only those covenants that are contained in the deed. Modern Trend. Hold that acceptance of the deed does not bar suit on the contractual promises. Must satisfy the SOFs.

Encumbrances Mere knowledge of the encumbrance is not sufficient to exclude it from the operation of the covenant. Three Types:

Pecuniary Charges against the property (e.g. Easements or servitudes (e.g. mortgages or liens) 2..1.g. a lease or life estate) 3.. Interest in the property less than the fee (e. restrictive covenants) Statutes are not viewed as encumbrances ..

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