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Usage varies by state, and in Massachusetts quitclaim deeds include statutory warranties (similar to “special warranty deeds” in other states) and are the norm rather than the exception. [12] Execution of a quitclaim deed is relatively simple, and may require little more than the signature of the parties.
A warranty deed can include six traditional forms of covenants for title, [1] sometimes known as the English covenants of title. [2] Those six traditional forms of covenants can be broken down into two categories: present covenants and future covenants. Present covenants. Covenant of seisin: "A covenant of seisin or good right to convey." [1] [3]
A different document called a deed is used to convey real estate. In a real estate contract, the type of deed to be used to convey the real estate may be specified, such as a warranty deed or a quitclaim deed. If a deed type is not specifically mentioned, "marketable title" may be specified, implying a warranty deed should be provided.
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Grant deeds strike a balance between protection and simplicity. [2] They use precise and unambiguous language to ensure clarity and understanding, and they include warranties that offer protection against future claims on the property. [2] Grant deeds require full disclosure of any encumbrances on the property, such as liens or restrictions. [1]
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