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reproduce portions of this site or materials available at this site for personal and
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site must include this copyright statement.
You should consult an attorney for advice regarding your individual situation.
Contacting an attorney does not create an attorney-client relationship. Do not send,
e-mail, or provide confidential information or information you do not wish to be
publicly disseminated until such time as an attorney-client relationship has been
established and requested to do so by an attorney.
Copyright 2009 Law Office of Craig W. Little, P.A. All rights reserved. You may
reproduce portions of this site or materials available at this site for personal and
non-commercial use. All copies of portions of this site or materials available at this
site must include this copyright statement.
Web Articles
Types of Deeds
Warrranty Deed
Duty to Defend the Title
The grantor that utilizes a warranty deed is not only warranting
that they own and can convey the common law warranties of title
and property rights but they are also agreeing to defend the title
to the property against any lawful claims that may be brought by
any third party against such title. Therefore if a third party
claims an undisclosed interest in certain real property (such as
claiming they are the actual owners of the title to the real
property or they enjoy some other undisclosed interest in the
property), the owner of such real property can compel the
grantor who conveyed the property to the owner by warranty
deed, or any other previous grantor in the chain of title to the
property who conveyed the property by warranty deed, to
defend the title of the property against such claim.
This duty to defend the title of the real property runs with the
land. Therefore such obligations are always attached to the
property and even future owners of the property to whom the
grantor did not directly convey the property could compel the
grantor to defend the title of the property against a lawful claim
from a third party.
Return to Warranty Deed
Warrranty Deed
Duty to Defend the Title
The grantor that utilizes a warranty deed is not only warranting
that they own and can convey the common law warranties of title
and property rights but they are also agreeing to defend the title
to the property against any lawful claims that may be brought by
any third party against such title. Therefore if a third party
claims an undisclosed interest in certain real property (such as
claiming they are the actual owners of the title to the real
property or they enjoy some other undisclosed interest in the
property), the owner of such real property can compel the
grantor who conveyed the property to the owner by warranty
deed, or any other previous grantor in the chain of title to the
property who conveyed the property by warranty deed, to
defend the title of the property against such claim.
This duty to defend the title of the real property runs with the
land. Therefore such obligations are always attached to the
property and even future owners of the property to whom the
grantor did not directly convey the property could compel the
grantor to defend the title of the property against a lawful claim
from a third party.
Return to Warranty Deed
Law Office of
Craig W. Little, P.A.