general warranty deed

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general warranty deed

An instrument transferring ownership of real property, and which warrants—promises—that the seller has good title with no adverse claimants and that the seller will defend the title against other parties should that prove necessary. Contrast with special warranty deed, which simply promises that the seller has not done anything to cause a problem with the title. Contrast also with quitclaim deed, which makes no promises at all, but simply transfers any interest the seller might have, if anything.

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GENERAL WARRANTY DEED: COVENANT AGAINST ENCUMBRANCES

A general warranty deed is typically for the benefit of both parties to the transaction.

1979) (indicating a nonconforming culvert that needed replacement was not covered under the purchaser's general warranty deed, even though the court conceded neither a title search nor a physical inspection would have disclosed the problem with the culvert).

(65) See sulfa note 59 and accompanying text (noting that, as a part of a general warranty deed, the covenant against encumbrances warrants against any lawful claims against title).

What you can't see can hurt you: Do latent violations of a restrictive land use ordinance, existing upon conveyance, constitute a breach of the covenant against encumbrances?