Also known as: warranty deed
Written by attorneys · grounded in primary & secondary sources — see below
A deed that conveys title while including covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and sometimes further assurance. These covenants run with the land and permit later claims by the grantee against the grantor for breaches existing at the time of conveyance.
William Williams conveyed a townhouse to Wilma Wright by general warranty deed at closing. Wright took possession and began renovations. An adjacent owner then demanded cost-sharing payments under a recorded party-wall agreement executed by prior owners. Wright sued Williams for breach of the covenant against encumbrances contained in the deed.
Wallace Webb executed a warranty deed conveying mineral interests he did not yet own to Winslow Aviation. Webb later acquired the interests through inheritance. The after-acquired title passed automatically to Winslow Aviation under the warranty covenants in the deed.
Select any source to read its text and confirm it supports the definition.
Wendy Wu conveyed property subject to a recorded racial restriction by general warranty deed to Wayne Walker. Walker later faced enforcement attempts under the restriction. Walker sued Wu for breach of the warranty covenants that guaranteed title free from such encumbrances.
A general warranty deed incorporates covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and sometimes further assurance. These promises protect the grantee against defects in title existing at conveyance.
Supporting sources
No. The covenant against encumbrances provides absolute assurance that title is free from burdens at conveyance. Constructive notice from recording does not nullify the warranty or shift the risk to the grantee.
Supporting sources
Yes. The covenants run with the land. A later grantee may enforce them directly against the original grantor for any breach that existed when the deed was delivered.
Supporting sources
…pursuant to a contract of sale, petitioners Shelley, who are Negroes, for valuable consideration received from one Fitzgerald a warranty deed to the parcel in question.[^maj-1] The trial court found that petitioners had no actual knowledge of the restrictive agreement at the time of the purchase. On October 9, 1945, respondents,…