The type of deed that offers the grantee the fullest protection against claims to the title is the a. general warranty deed. b. special warranty deed. c. quitclaim deed. d. bargain and defend deed.
a. general warranty deed.
The correct answer is a. general warranty deed.
A general warranty deed provides the grantee with the fullest protection against claims to the title. This type of deed offers several warranties or promises from the grantor to the grantee. The warranties include:
1. Covenant of seisin: This warranty guarantees that the grantor actually owns the property and has the legal right to convey it to the grantee.
2. Covenant of quiet enjoyment: This warranty guarantees that the grantee will not be disturbed in their possession and enjoyment of the property by anyone holding a superior title.
3. Covenant against encumbrances: This warranty guarantees that the property is free from any liens, mortgages, or other encumbrances, except as specifically disclosed in the deed.
4. Covenant of further assurances: This warranty guarantees that the grantor will perform any acts necessary to perfect the grantee’s title if it is found to be defective.
5. Covenant of warranty forever: This warranty guarantees that the grantor will defend the grantee’s title against all lawful claims.
In contrast, a special warranty deed only provides warranties against defects in title that arose during the grantor’s ownership of the property. A quitclaim deed offers no warranties or guarantees at all, and simply transfers whatever interest the grantor has in the property to the grantee. A bargain and defend deed is not a type of deed recognized in real estate law.
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