Also known as: full covenant and warranty deed · full-covenant warranty deed · general warranty deed · warranty deed with full covenants
Written by attorneys · grounded in primary & secondary sources — see below
A deed that conveys real property while incorporating the covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurance. These covenants assure the grantee that the grantor holds good title and will defend against all claims arising from defects existing at the time of conveyance. The covenants run with the land and permit enforcement by subsequent grantees against the original grantor.
Felicia Fuentes conveyed her former residence to Frontier Capital by full-covenant-and-warranty deed at closing. Frontier Capital later discovered a recorded party-wall agreement obligating shared repair costs on an adjoining wall. The agreement constituted an encumbrance that existed at conveyance, so Frontier Capital recovered damages from Felicia Fuentes under the covenant against encumbrances.
Fiona Foster acquired property subject to a recorded restrictive covenant and later conveyed it to Foxfire Biotech by full-covenant-and-warranty deed. Foxfire Biotech discovered the covenant when its intended use was blocked. Because the covenant originated with a prior owner and ran with the land, Foxfire Biotech enforced the warranty covenants directly against Fiona Foster for the resulting loss.
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It includes the covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurance. These promises assure the grantee of good title and defense against claims arising from defects at conveyance.
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Yes. The covenants run with the land and support later claims by the grantee or its successors against the original grantor for any breach that existed at the time of conveyance.
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A full-covenant-and-warranty deed warrants against all claims. A special warranty deed warrants only against claims arising by, through, or under the grantor.
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No. The covenant provides absolute assurance regardless of recordation or the grantee's constructive notice. The warranty is not limited to hidden defects.
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…and across lots 20 and 19 to the public sewer. On January 15, 1904, Laura A. J. Bailey conveyed lot 19 to John J. Jones, by general warranty deed with usual covenants against encumbrances, and containing no exceptions or reservations. Jones erected a dwelling on the north part of the lot. In 1920 Jones conveyed the north 156 feet of…