the deed

Question 1

General Warranty Deed:

Answer 1

The seller warrants that no title defects have occurred during their ownership of the property.
o The seller also warrants that there are no defects in the chain of title from which she derives title.

Question 2

Special Warranty Deed:

Answer 2

The seller warrants that no title defects have occurred during his ownership of the property.
o However, the seller does not warrant that there are no defects in the chain of title from which she
derives title.

Question 3

Quitclaim Deed:

Answer 3

no warranties

Question 4

present covenant

Answer 4

seisin = The covenantor promises that she owns and possesses the estate granted. The existence of an encumbrance does not breach the covenant of seisin.

The Right to Convey

Against Encumbrances
if a defect renders title unmarketable (e.g., a mortgage or an easement), the defect also breaches the covenant against encumbrances.
courts split zoning ordinances and on whether a visible or known encumbrance breaches
excepted encumbrances in deed don’t breach

Question 5

future covenant

Answer 5

General Warranty: Grantor promises to defend against future developments that extend into the grantee’s property boundary

Quiet Enjoyment:
The grantor warrants that the grantee will not be disturbed by a superior claim.

Further Assurances:
The grantor promises to take whatever steps (e.g. defending a law suit or executing a
curative deed) may be required to perfect defects of title.

Question 6

when breach occurs

Answer 6

A future covenant is not breached until the grantee or his successor:
 Is evicted from the property;
 Buys up the paramount claim to avoid suit; or
 Is otherwise damaged.

Question 7

remedies for breach of covenant

Answer 7

generally capped at the amount the grantor/defendant received for the
property

For breach of the covenant against encumbrances, damages are measured by
The cost of removing the defect, if removal is possible or The diminution in the value of the property, if the defect cannot be removed.

remote grantor
specific performance

Question 8

running of covenant

Answer 8

future do

present majority don’t minority

Question 9

sol

Answer 9

For present covenants, the Statute of Limitations begins to run when the deed is delivered.

For future covenants, the Statute of Limitations does not begin to run until a third party asserts a
superior title.

Question 10

look at page 44 graph

Question 11

Conveyance of Real Property by Deed Requires

Answer 11

Donative Intent:
o Present Donative Intent:
The grantor must intend to transfer an interest (present or future) immediately to the
grantee.

o Testamentary Intent:
 If the grantor intends the deed to take effect only on the death of the grantor, will
formalities must be observed.

delivery
acceptance

Question 12

delivery

Answer 12

physical delivery
words

A presumption of delivery arises if:
 The deed is later found in the grantee’s possession.
 The deed is properly executed and recorded.
 The deed contains an attestation clause that attests to the delivery.

Handing the deed to the grantor’s agent does not constitute valid delivery.
 Handing the deed to the grantee’s agent does constitute valid delivery
Handing the deed to a third party (Escrow Agent) does constitute valid delivery if
the grantor relinquishes all control over the deed.
If a delivery is accomplished through an escrow agent if necessary, delivery will relate
back to the date the grantor handed the deed to the escrow agent.

if delivery has been made to the grantee with an oral condition,
the conveyance is valid, but the oral condition may not be proved.