Also known as: general warranties · general warranty deed
Written by attorneys · grounded in primary & secondary sources — see below
A covenant in a deed by which the grantor promises to defend the grantee against claims by all persons. The covenant encompasses promises of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty. It runs with the land so that successors may enforce it against the original grantor.
Valley Realty conveyed an apartment complex to View Properties by general warranty deed. Years later a tenant proved that part of the land lay outside Valley Realty's chain of title. View Properties sued Valley Realty for damages under the covenants of seisin and warranty. The covenants remained enforceable because they ran with the land and had been breached at conveyance.
Owner conveyed Blackacre to Buyer by general warranty deed. When an earlier mortgage surfaced, Buyer sued Owner. Owner's attempt to limit liability to claims arising through Owner failed because the deed warranted title against all persons, not merely those arising by, through, or under Owner.
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Yes. The covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty run with the land. A grantee or its successors may therefore enforce them directly against the original grantor even years after the conveyance.
The covenant of seisin is breached at the moment of conveyance if the grantor lacks good title or actual seisin. Later discovery of the defect does not alter the timing of the breach.
No. A general warranty deed provides unqualified protection against encumbrances regardless of recordation or the grantee's constructive notice. The covenant operates as an absolute assurance rather than a limited guarantee against only hidden defects.
A general warranty deed warrants title against claims by all persons. A special warranty deed warrants only against claims arising by, through, or under the grantor.
…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…