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2015-08-13
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What are title warranties?
Full title guarantee. ... Full title guarantee implies that: The disposing party has the right to dispose of the property (section 2(1)(a)). The disposing party will do all it reasonably can to give the title it purports to give, at its own cost (section 2(1)(b) and (2)).
Is a warranty deed the same as a title?
Paired with title insurance, your warranty deed guarantees that the granter is the rightful owner and transfers these rights and title to you as the grantee or new owner of the property. With a warranty deed, your title is clear. ... However, both the warranty and quitclaim deeds are not sales documents by any means.
What does warranty of title mean?
A warranty of title is a guarantee by a seller to a buyer that the seller has the right to transfer ownership and no one else has rights to the property. In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred.
Is a warranty deed the same as a deed?
Warranty deed. A warranty deed is a type of deed where the granter (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that he or she holds title to a piece of real estate.
Is a warranty deed proof of ownership?
A warranty deed is one type of proof of ownership; it shows the name of the owner and gives a brief description of the property. The previous owner or party granting you ownership signs the warranty deed, showing your rights to the property. A quitclaim deed is the other main type of property deed.
Is a quitclaim deed the same as a title?
A quitclaim deed transfers title but makes no promises at all about the owner's title. ... Deed transfers of any kind (warranty or quitclaim) impact only the ownership (title) and do not change or affect any mortgage on the property. The mortgage is a separate document.
What are the warranties in a general warranty deed?
A general warranty deed protects the grantee against title defects arising at any point in time, extending back to the property's origins. A special warranty deed protects the grantee only against title defects arising from the actions or omissions of the granter.
Is a warranty deed the same as a general warranty deed?
A warranty deed (sometimes called a general warranty deed) is a form of deed that provides a full guarantee of title to real estate. This guarantee covers acts taken by all previous owners in the chain of title.
What are the covenants of a general warranty deed?
General Warranty Deed the covenant of basin, meaning that the granter warrants they own the property and has the legal right to convey it. The covenant against encumbrances, denoting that the granter warrants that the property is free of liens or encumbrances, except as specifically stated in the deed.
What does general warranty of title mean?
A general warranty deed is a type of deed where the granter or the seller guarantees that s/he holds clear title to a piece of real estate and has a right to sell it. The guarantee is not limited to the time the granter owned the property. It extends back to the property's origins.
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