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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27218
Experience:  JA Mentor
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In lay person writing, I respectfully request the full

Customer Question

In lay person writing, I respectfully ***** ***** full meaning of the below paperwork with has only 2 names (not married, though are 1 parent and 1 child) on the same deed:
That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the GRANTEE in fee simple, her one-half (1/2) undivided interest in that certain lot, tract or parcel of land in North Carolina described as follows:
TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appertenances thereto belonging to the GRANTEE in fee simple.
And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the premises, in fee simple, has the right to convey the fee simple, that title is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful claim of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 6 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

What that is saying is that the property owner is giving her interest in the named real estate to the buyer. "1/2 undivided interest" means there's another property owner somewhere, so the person who's buying the property will share with that other person. "For valuable consideration paid" means that the transfer is not a gift - the new owner paid something for it.

The seller promises that he or she really does own the property, that they have a right to transfer it to someone else, and that they are not aware of any liens or any other person's claim to ownership (other than whoever owns the other half). If it turns out that the seller DOESN'T own the property, then they'll do what is necessary to fix the title in order to complete a legal transfer to the buyer. If someone sues the buyer due to a legitimate dispute over the title, the seller will pay the attorney's fees associated with fixing it - that's what "will warrant and defend the title" means at the end.

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