"To socrateaser" What does one need to know from a legal perspective about warranties implied in the conveyance of real property such as land, structures, burial plots, houses, etc? Are there different types of warranties?
At common law, a grant deed implies the following warranties: Present Covenants Covenant of Seisin & Covenant of Right to Convey - Covenants that represent the seller's promise that he has title and possession and can validly grant or convey both. Covenant Against Encumbrances - Seller promises that there are no encumbrances, other than those that have been previously disclosed. Future Covenants Covenant of Warranty and Covenant of Quiet Enjoyment - Covenants that represent seller's promise to protect the buyer against anyone who comes along later and claims paramount title to the property. Covenant of Further Assurances - If seller omitted something required to pass valid title, seller promises to do whatever is necessary to pass title to buyer.Source: Wikipedia: http://en.wikipedia.org/wiki/Warranty_deed [n.b., the above-described covenants, at common law, are so ancient and well established that there is no reason to describe them differently. However, many jurisdictions have abolished some or all of the covenants, requiring instead that real property covenants be express, rather than implied (e.g., see Cal. Civ. Code 1113)].Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!socrateaser41059.8041912847