Other than leaseholds (e.g. lease between a landlord and tenant), there are three main types of deeds used to convey interests in real property. These deeds are (i) general warranty deeds, (ii) special warranty deeds, and (iii) quitclaim deeds. The most popular type of deed is the general warranty deed because it tends to protect buyers more than special warranty deeds and quitclaim deed. As such, we’ll put our focus on general warranty deeds, or deeds where the seller guarantees that he or she has clear title to the real property in question, and that he or she has the right to convey it to another person.
After we explore general warranty deeds, we’ll discuss the six main covenants (e.g. promises) in a general warranty deed, including the covenant of seisin, covenant against encumbrances, covenant of the right to convey, covenant for quiet enjoyment, covenant of warranty, and the covenant for further assurances. So, the next time you purchase or sell real estate you’ll have a much better idea of how a general warranty deed operates.
Next, we’ll look at general warranty deeds more closely.