Question

Which type of deed includes the five implied warranties (covenants)?

Answer 1

A general warranty deed includes the five implied warranties (covenants) which protect the buyer and ensure clear title to the property.

Step-by-step explanation:

A deed that includes the five implied warranties (covenants) is called a general warranty deed. A general warranty deed is a type of deed in which the grantor (seller) guarantees that they have clear title to the property and will defend the buyer against any claims made by others regarding the property. The five implied warranties (covenants) in a general warranty deed include:

1. Warranty of seisin: The grantor warrants that they have the legal right to transfer the property.
2. Warranty of quiet enjoyment: The grantor warrants that the buyer will be able to possess and enjoy the property without interference.
3. Warranty against encumbrances: The grantor warrants that the property is free from any liens or encumbrances, except those specifically mentioned in the deed.
4. Warranty of further assurances: The grantor warrants that they will provide any additional documents or assurances necessary to perfect the buyer's title.
5. Warranty of title: The grantor warrants that they will defend the buyer against any claims made by others regarding the title to the property.The type of deed that includes the five implied warranties, often referred to as covenants, is known as a General Warranty Deed.
6. These covenants guarantee that the grantor holds good title to the property, has the right to sell it, and that there are no undisclosed encumbrances or liens against the property. They also ensure that the property will not be claimed by someone with a better claim, and the grantor is responsible for any title issues that arise after the sale.
7. Restrictive covenants are provisions found in some deeds that impose limitations on the use of the property, but these are distinct from the covenants included in a General Warranty Deed.
8. For instance, restrictive covenants can dictate the size of homes, types of structures, or even prohibit sale to certain groups, though the latter types of restrictions have been declared unconstitutional and are not enforceable.