Full Warranty Deed (“General Warranty Deed”)
The general warranty deed offers the buyer the most protection. The seller makes several legally binding promises (“covenants”) to the buyer, agreeing to protect the buyer against any prior claims and demands regarding the property. The covenants in a general warranty deed include:
- Covenant of Seisin : the seller promises that he or she owns the property and has the legal right to convey it.
- Covenant Against Encumbrances : the seller promises that the property is free of liens or other encumbrances, except as specifically stated in the deed.
- Covenant of Right to Convey : the seller promises that he or she has the right/authority to convey title to the buyer.
- Covenant of Quiet Enjoyment : the seller promises that the buyer will have quiet possession of the property and will not be disturbed because the seller had a defective title.
- Covenant of Further Assurances : the seller promises to deliver any document necessary to make the title good.
- Covenant of Warranty : the seller forever promises the title as it is described in the deed and will defend it from legal attack.
- Example : Amy sells property to Betty by general warranty deed. Carl was the prior owner before Amy and erected a fence that was 5 feet onto the neighbor, Dan’s, property. Three months after Betty acquired title to the property, Dan sues Betty for the boundary line issue caused by the fence Dan erected years earlier. Amy was unaware of this boundary line issue when she signed the general warranty deed over to Betty. Nonetheless, Amy is legally responsible to Betty under the general warranty deed.