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A conveyance of
real estate is a transfer of real estate from one person to
another. A deed is
one form of conveyance, transferring a title to real estate from
one person to another. Title
means ownership of real estate.
The person transferring title is known as the “grantor”
and the person receiving the title is known as the “grantee.”
There are several types of deeds.
One form of deed is a warranty deed.
A warranty deed is a deed which warrants good and clear
title to the real estate transferred.
In many states, it often includes some or all of the
following covenants: seisin,
quiet enjoyment, right to convey, freedom from encumbrances and
defense of title against all claims.
Covenant of seisin is an agreement, contract, or promise
that the grantor possesses a quantity and quality of land
described in the deed or other conveyance.
The covenant of quiet enjoyment is an agreement, contract
or promise that the grantee to a deed or other conveyance will
have the land in peace and without disturbance from other persons
with hostile claims to the land.
A covenant of right to convey is an agreement, contract or
promise that the grantor has a right to transfer title to the
land. The covenant
against encumbrances is an agreement, contract, or promise that
there are no encumbrances against the land described in the deed
or conveyance. An
encumbrance is a claim by another person against the land.
One example of an encumbrance is a mortgage or other lien
against the real estate. The
covenant of defense of title against all other claims means that
the grantor will defend the grantee should other persons or
entities make hostile claim against the grantee’s title to real
estate which arise from events occurring prior to the transfer of
title.
A warranty deed
must be in writing and must be signed by the grantor.
It must be recorded to put third persons, such as creditors
and subsequent purchasers, on notice as to the transfer.
All other
warranties or covenants must be expressly stated to be included in
the deed. For further
information, see the subtopic “Deeds.”
Black’s
Law Dictionary, Fifth Edition.
| Alabama: |
In
Alabama, all other warranties or covenants must be
expressly stated to be included in the deed.
Alabama Code §35-4-7, 271. |
| Alaska: |
In
Alaska, covenants are not required or implied in deeds.
Covenants will apply only if expressly contained in
the deed. Alaska
Code §34.15.080. |
| Arizona: |
In
Arizona, a deed includes the following covenants and
warranties: the
use of the words “grant” or “convey in a deed” is
a warranty that at the time of execution of the deed the
real estate has not been conveyed to any other individual
other than the grantee and that the real estate is free
from encumbrances and liens. Arizona Code §33-435. |
| Arkansas: |
In
Arkansas, a deed includes the following covenants and
warranties: the
covenants and warranties described above in the general
information. §18-12-102. |
| California: |
In
California, a deed includes the following covenants and
warranties: that
the grantor has not previously conveyed the real estate
and that it is free of encumbrances made by the grantor or
anyone claiming under him.
California CC §1113. |
| Colorado: |
In
Colorado, a deed includes the following covenants and
warranties: seisin,
right to convey, freedom from encumbrances, and peaceable
possession. Colorado
Code §38-30-113(2). |
| Connecticut: |
In
Connecticut, a warranty deed includes the above described
covenants and warranties.
Connecticut Code §47-56, 36(c)-(e). |
| Delaware: |
In
Delaware, a warranty deed includes the following covenants
and warranties: a
special warranty against the grantor and all persons
claiming under him or her.
Delaware Code §25-121 onward. |
| Florida: |
In
Florida, a deed includes the following covenants and
warranties: seisin,
quiet enjoyment, right to convey, freedom from
encumbrances, and defense of title. Florida Code §689.01 onward. |
| Georgia: |
In
Georgia, a warranty deed must be in writing and must be
signed by the grantor.
It also must be attested by two witnesses.
In Georgia, a deed includes the following covenants
and warranties: seisin, quiet enjoyment, right to convey, freedom from
encumbrances, and defense of title.
Georgia Code §44-5-30 onward. |
| Hawaii: |
Hawaii
Code §501-108. |
| Idaho: |
In Idaho, a deed includes the
following covenants and warranties:
that the grantor has not previously conveyed the
tittle to another person and that the real estate is free
from encumbrances made by the grantor or persons claiming
under him or her. Idaho Code §32-912; 55-601, 605, 609, 612, 805, 812. |
| Illinois: |
In Illinois, a warranty deed includes
the following covenants and warranties:
seisin, quiet enjoyment, right to convey, freedom
from encumbrances, and defense of title.
Such covenants and warranties are given through use
of the words “convey and warrant.” Illinois Code §765-5/35c; 765-5/9. |
| Indiana: |
In Indiana, a warranty deed includes
the following covenants and warranties:
seisin, quiet enjoyment right to convey, freedom
from encumbrances, and defense of title.
Indiana Code
§32-1-2-12, 18;
32-1-2-11; 6-1.1-5.5-3. |
| Iowa: |
In
Iowa, a deed includes the following covenants and
warranties: seisin,
quiet enjoyment, right to convey, freedom from
encumbrances, and defense of title. Iowa Code §622.32-35; 558.41. |
| Kansas: |
In
Kansas, a deed includes the following covenants and
warranties: seisin,
quiet enjoyment, right to convey, freedom from
encumbrances and defense of title. Kansas Code §58-2203,
2204. |
| Kentucky: |
In
Kentucky, a deed includes the following covenants and
warranties: the
grantor will warrant and defend against all claims and
demands whatsoever. Kentucky
Code §371.010;
382. 030-.040, .110, .135, .270. |
| Louisiana: |
In
Louisiana, warranties or covenants must be expressly
stated to be included in the deed.
Louisiana T.9, §2721;
T.35, §12,
17; T.47, §2328;
CC §2442. |
| Maine: |
In
Maine, a deed includes the following covenants and
warranties: seisin,
quiet enjoyment, right to convey, freedom from
encumbrances, and defense of title. Maine T.33, §761-775. |
| Maryland: |
In
Maryland, a deed includes the covenants and warranties
expressly stated in it.
Maryland Real Prop. Art. §3-103;
4-101. |
| Massachusetts: |
In
Massachusetts, a deed includes the following covenants and
warranties: seisin, quiet enjoyment, right to convey,
freedom from encumbrances, and defense of title.
Massachusetts C. 183, §1,
4, 6, 6B, 29 and Appendix. |
| Michigan: |
In
Michigan, a warranty deed must be in writing and must be
signed by the grantor, and signed also by at least two (2)
witnesses. In
Michigan, a warranty deed includes the following covenants
and warranties: seisin, right to convey, quiet possession,
freedom from encumbrances, and defense of title.
Michigan CLA §565.151. |
| Minnesota: |
In
Minnesota, a deed includes the following covenants and
warranties: seisin,
right to convey, quiet possession, freedom from
encumbrances, and defense of title. Minnesota
Code §507.07,
.091-.092, .24, .34. |
| Mississippi: |
In
Mississippi, a deed includes the following covenants and
warranties: seisin,
right to convey, quiet enjoyment, freedom from
encumbrances, warranty of title. Mississippi
Code §89-1-3
onward. |
| Missouri: |
In
Missouri, a deed includes the following covenants and
warranties: freedom
from encumbrance and defense of title.
Missouri Code §442.010
onward. |
| Montana: |
In
Montana, a deed includes the following covenants and
warranties: the grantor has not previously conveyed title
and the land is free from encumbrances.
Additional covenants usually given are seisin,
quiet enjoyment, further assurance, general warranty and
against encumbrances.
Montana Code §70-20-101
onward; 70-21-203 onward; 30-11-109. |
| Nebraska: |
In
Nebraska, a deed includes the following covenants and
warranties: seisin,
freed from encumbrances, right to convey, quiet enjoyment
and defense of title. Nebraska
Code §76-211
onward. |
| Nevada: |
In
Nevada, a deed includes the following covenants and
warranties: freedom
from encumbrances and right to convey.
Nevada Code §111.105
through .330. |
| New
Hampshire: |
In New
Hampshire, a deed includes the following covenants and
warranties: seisin,
freedom from encumbrances, right to convey, and defense of
title. New
Hampshire C. 477, §1-27. |
| New
Jersey: |
In
New Jersey, warranties or covenants must be expressly
stated to be included in the deed.
New Jersey Code §46-3-13;
46-15-1.1; 46-22-1. |
| New
Mexico: |
In
New Mexico, a warranty deed using the words “warranty
covenants” includes the following covenants and
warranties: seisin,
right to convey, quiet enjoyment, freedom from
encumbrances, and defense of title.
New Mexico Code §47-1-5,
37; 14-8-4; 14-9-1, 3. |
| New
York: |
In New
York, a warranty deed is known as a deed with full
covenants. New
York does have a Housing Merchant Implied Warranty law in
the case of sale of a new home. New York G.O.L. §5-703;
R.P.L. §243-44,
258, 291; G.B.L. §777-a. |
| North
Carolina: |
In
North Carolina, a deed with the words “grant, bargain,
sell and grant” includes the following covenants and
warranties: seisin,
quiet enjoyment, right to convey, freedom from
encumbrances, and defense of title.
North Carolina Code §39-1,
7; 47-17, 18; Common Law. |
| North
Dakota: |
In
North Dakota, a deed includes the following covenants and
warranties: the
grantor has not conveyed the real estate to another and
has not given or allowed any encumbrances.
North Dakota Code §47-10-01
onward; 47-19-03, 29, 41. |
| Ohio: |
In
Ohio, a deed includes the following covenants and
warranties: seisin,
freedom from encumbrances, right to convey, and defense of
title. Ohio
Code §5301.01
through 5301.25; 5302.02
through 5302.30(D). |
| Oklahoma: |
In
Oklahoma, a deed includes the following covenants and
warranties: seisin,
right to convey, quiet enjoyment, freedom from
encumbrances and defense of title. Oklahoma
Code §16-2
through 95. |
| Oregon: |
In
Oregon, a deed includes the following covenants and
warranties: seisin,
right to convey, freedom from encumbrances and defense of
title. Oregon
Code §93.010
onward. |
| Pennsylvania: |
In
Pennsylvania, a deed includes the following covenants and
warranties: freedom
from encumbrances and quiet enjoyment.
Pennsylvania Code §21-2
onward; 21-351. |
| Rhode
Island: |
In Rhode
Island, a deed includes the following covenants and
warranties: seisin, quiet enjoyment, right to convey,
freedom from encumbrances, and defense of title. Rhode
Island Code §34-11-1 onward. |
| South
Carolina: |
In
South Carolina, a warranty deed must be in writing and
signed by the grantor and also signed by at least two (2)
witnesses. In
South Carolina, a deed includes the following covenants
and warranties: seisin,
right to convey, quiet enjoyment, freedom from
encumbrances and defense of title.
South Carolina Code §27-7-10 through 30; 30-7-10. |
| South
Dakota: |
In
South Dakota, a warranty deed includes the following
covenants and warranties: seisin, right to convey, freedom
from encumbrances, quiet possession, and defense of title.
South Dakota Code §43-28-8; 43-25-1 through 26;
7-9-1, 7. |
| Tennessee: |
In
Tennessee a deed includes the following covenants and
warranties: seisin,
freedom from encumbrances, right to convey, and defense of
title. Tennessee
Code §66-22-105; 66-26-101. |
| Texas: |
In
Texas, a deed includes the following covenants and
warranties: seisin, right to convey and freedom from
encumbrances. Texas
Prop. Code §5.021
through .023, 11.001, 12.001, 13.001. |
| Utah: |
In
Utah, a deed includes the following covenants and
warranties: seisin, right to convey, quiet possession,
freedom from encumbrances and defense of title.
Utah Code §25-5-1;
57-3-1 through 10. |
| Vermont: |
In
Vermont, a warranty deed must be in writing and must be
signed by the grantor in the presence of two (2) or more
witnesses. A
deed in Vermont includes the following covenants and
warranties: seisin,
right to convey, freedom from encumbrances and defense of
title. Vermont
Code §27-305,
341, 342, 348. |
| Virginia: |
In
Virginia, a warranty deed includes the following covenants
and warranties: seisin, right to convey, quiet enjoyment,
freedom from encumbrances, and defense of title.
A sale of a new home also includes implied
warranties that it is free from structural defects and
that it was constructed in a workmanlike manner. Virginia Code §55-49
through 113. |
| Washington: |
In
Washington, a deed includes the following covenants and
warranties: seisin,
right to convey, quiet enjoyment, freedom from
encumbrances and defense of title. Washington
Code §26.16.010-.030;
64.04.030-.050; 64.08.070. |
| West
Virginia: |
In
West Virginia, a deed includes the following covenants and
warranties: right to convey, quiet possession, freedom
from encumbrances and defense of title.
West Virginia Code §36-1-1;
36-4-1 onward; 39-1-2. |
| Wisconsin: |
In
Wisconsin, a deed includes the covenants and warranties:
seisin right to convey, freedom from encumbrances,
and defense of title.
Wisconsin Code §706.02-.10. |
| Wyoming: |
In
Wyoming, a deed includes the covenants and warranties:
seisin, freedom from encumbrances, right to convey,
quiet enjoyment, and defense of title.
Wyoming Code §34-1-102
onward. |
This
is not a substitute for legal advice. An attorney must be
consulted.
Copyright © 2002 by
LAWCHEK, LTD
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