Also known as:warrantizare · warrantize · warrantized · warrantizing · warrant · warranty
Written by attorneys · grounded in primary & secondary sources — see below
in property law
A covenant in a deed by which the grantor promises that title is good and will defend the grantee against claims arising by through or under the grantor. The covenant may run with the land to support later claims by remote grantees.
Sources & Authorities· 29 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
General Warranty Deed Transfer
William Williams conveyed Blackacre to Whitney White by general warranty deed. When a prior lien surfaced two years later Whitney sued William for breach of the covenant against encumbrances. The court held the covenant ran with the land and allowed recovery because the warranty covered claims arising before the conveyance.
Remote Grantee Warranty Suit
Grantor George conveyed Greenacre to Grantee Gina by general warranty deed. Gina later conveyed to remote buyer Bob. When an earlier mortgage appeared Bob sued George directly. The court enforced the covenant because it ran with the land and covered claims arising under the original grantor.
Seller Sam transferred Whiteacre to Buyer Betty by special warranty deed. A prior claim arising through Sam later surfaced. Betty sued Sam for breach. The court allowed recovery because the covenant protected only against claims by through or under the grantor.
Warranty Covenant Enforcement
Owner Owen deeded Oakacre to Purchaser Paula with full warranties. A title defect from Owen's prior ownership emerged. Paula sued Owen for breach of the warranty covenant. The court held the covenant ran with the land and permitted recovery by the original grantee.
Breach of Title Warranty
Grantor Grant sold Grayacre to Grantee Grace by warranty deed. An undisclosed lien from Grant's chain of title appeared. Grace sued for damages under the covenant. The court awarded recovery because the warranty covered claims arising by through or under the grantor.
Remote Grantee Recovery
Original grantor Gordon conveyed Goldacre by general warranty deed. Successive transfers occurred over ten years. Remote grantee Rita faced a claim arising under Gordon. The court allowed Rita to enforce the covenant because it ran with the land.
Common questions
Frequently Asked
2
Does a general warranty deed provide broader protection than a special warranty deed?+
Yes. A general warranty deed contains covenants of seisin right to convey against encumbrances quiet enjoyment warranty and further assurance that protect against all claims. A special warranty deed only warrants against claims arising by through or under the grantor.
Supporting sources
Can covenants in a warranty deed run with the land?+
Yes. Title covenants in a general warranty deed run with the land and allow a remote grantee to sue the original grantor for breach.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…after they shall have been signed by the President and that the seal shall not be affixed before signature. The signature is a warrant for affixing the great seal and the great seal is only to be affixed to an instrument which is complete. The commission being signed, the subsequent duty of the Secretary is prescribed by…
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