Third, the grantor warrants that he or she will defend title to the estate so that the grantee and the grantee's heirs and assigns may enjoy quiet and peaceable possession of the premises with the power to convey the property.
The general warranty deed also conveys after-acquired title to the grantee. Under the doctrine of after-acquired title, if a grantor attempted to convey title to land that he or she did not in fact own, but later obtains the legal title to that property, the property is held in trust for the prior grantee, and the conveyance is treated as if the grantor owned the legal estate at the time of the conveyance.
Special Warranty Deeds In contrast to a general warranty deed, a special warranty deed limits the liability of the grantor by warranting only what the deed explicitly states. According to Ward on Title Examinations , "A special warranty deed has practically the same effect as a quitclaim deed. Like the general warranty deed, the special warranty deed should contain the language "conveys and warrants. While a special warranty deed may contain covenants of title, these covenants will usually cover only those claims arising by, through, or under the grantor.
Quit Claim Deeds Illinois statutes also set forth a form for the quitclaim deed. A deed in substantially the same form as that set forth in the statute, a quit claim deed conveys to the grantee and the grantee's heirs and assigns in fee all of the legal or equitable rights the grantor has in the property that existed at the time of the conveyance.
As provided for in the statute, quit claim deeds should contain the language "convey and quit claim. Differences As discussed above, there are several important differences between warranty deeds and quitclaim deeds.
Two of those differences merit further mention. First, attorneys should remember that the quitclaim deed does not include the types of warranties provided under a general warranty deed. A quitclaim deed merely conveys to a grantee all the right, title, or interest the grantor has in the described premises. Second, the quitclaim deed does not convey after-acquired title to the grantee unless such intention is expressly stated in the deed.
Deed Requirements Although warranty deeds and quitclaim deeds contain noticeable differences, there are several elements common to all deeds. The first common requirement is that the deed must be in writing and signed by the grantor s. Generally, deeds conveying a homestead estate must also be signed by the grantor's spouse, except where one spouse conveys to the other.
What is a Quitclaim Deed? Related posts:. A deed is a written instrument that conveys or transfers the title to real property. There are several types of deed a transferor can use to transfer title. Each type of deed has a distinct meaning and purpose relating to what the transferor is warranting when they are transferring the property.
Broadly, deeds are classified as official or private. Official deeds are executed pursuant to a court or legal proceedings. Most property transactions, however, involve individuals and business entities using private deeds. Deeds are also categorized based on the type of title warranties provided by the grantor. The different types of deeds include:. The general warranty deed offers the grantee the most protection.
With this type of deed, the grantor makes a series of legally binding promises called covenants and warranties to the grantee and their heirs agreeing to protect the grantee against any prior claims and demands of all persons whomsoever in regards to the conveyed land.
The usual covenants for title included in a general warranty deed are:. Where in a general warranty deed the grantor promises to warrant and defend the title conveyed against the claims of all persons, the grantor of a special warranty deed warrants that they received the title to the property and that they have not done anything while holding the title to create a defect.
In other words, only defects that arose during the grantor's ownership of the property are warranted. Due to this limitation, the special warranty offers the grantee less protection than the general warranty deed.
Many purchasers of real estate will insist on a general warranty deed to protect against problems that could arise as a result of a special warranty deed. The quitclaim deed , also called a non-warranty deed, offers the grantee the least amount of protection. This type of deed conveys whatever interest the grantor currently has in the property—if any.
No warranties or promises regarding the quality of the title are made. If the grantor has a good title, the quitclaim deed is essentially as effective as a general warranty deed. However, if the title contains a defect, the grantee has no legal recourse against the grantor under the deed. A quitclaim deed is often used if the grantor is not sure of the status of the title if it contains any defects or if the grantor wants no liability under the title covenants.
Special purpose deeds are frequently used in connection with court proceedings and instances where the deed is from a person acting in some type of official capacity. Most special purpose deeds offer little to no protection to the grantee and are essentially quitclaim deeds. Types of special purpose deeds include but are not limited to:. Real property, meaning land or anything attached to the land that is immovable, such as a building, creek, or road, is essentially the same as real estate.
Delivery does not mean the physical act of transmitting the deed to the grantee. Delivery refers to the intention of the grantor that the deed be presently operative and the grantee becoming the legal owner.
Acceptance is a question of intent. The grantee must have the intention to become the legal owner of the property. Usually delivery and acceptance do not come up, except in unusual circumstances. Such an unusual case came up when deeds were prepared for a trust that had not been created.
In Luna v Brownell CA4th , the settlor of a trust the father prematurely transferred his interest in the home he owned to the trust that he had not yet created. On August 29, , the settlor executed a trust which named himself as trustee. The settlor passed away shortly afterwards on September 19, and a week after that the children filed suit against his estate. This argument was rejected by both the trial court and the court of appeal because case law from other states held that such transfers are permitted.
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