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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.
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]
In the United States, all claims of land ownership can be traced back to a land patent, first-title deed, or similar document regarding land previously owned by France, Spain, the United Kingdom, Mexico, the Kingdom of Hawaii, Russia, or Native Americans. Other terms for the certificate that grants such rights include "first-title deed" and ...
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]
But a quitclaim deed contains no such warranty, and the grantee is entitled only to whatever interest the grantor actually possesses at the time. [7] Indeed, a quitclaim deed may offer the grantee no warranty at all regarding the status of the property's title (ownership), [ 8 ] and there may be no guarantee that the grantor owns an interest in ...
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.