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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]
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.
In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. [1] In property law, it refers to a covenant by the grantor of a deed. [2] In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured. [3]
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In property law, land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how the land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant).
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