In this article, we explored the three main types of deeds that are used to convey interests in real property: (i) general warranty deeds, (ii) special warranty deeds, and (iii) quitclaim deeds. Here, we focused on general warranty deeds, or deeds whereby 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.
Further, we discussed the six main covenants (i.e. promises) in general warranty deeds, including the present covenants of the (i) covenant of seisin, (ii) covenant against encumbrances, and (iii) covenant of the right to convey, and the future covenants including the (iv) covenant for quiet enjoyment, (v) covenant of warranty, and (vi) the covenant for further assurances.
If you are looking to purchase a piece of real estate, it is important to understand the instruments that are being used by sellers to convey the interests in property. It is important to understand the protection, or lack thereof, that is provided by these instruments, in order to ensure that you are getting the best deal possible when in the market to make a purchase.
Your real estate agent will invariably recommend you to hire a title search company to check for any problems with legal title to the property you want to purchase. In other words, you should always perform a title search of the property to see if any encumbrances exist on the property. Otherwise, you, as the buyer, could face some legal challenges on validity of the legal title that you purchased.