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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
Warranties of Title and Property Rights
The common law warranties of title and property rights
recognized in Florida are: the covenant of seisin, the covenant
of the right to convey, the covenant against encumbrances, the
covenant of quiet enjoyment of the property, the covenant of
warranty to the title of the property, and the covenant of further
assurances.
The covenant of seisin is the covenant that assures the grantee
that the grantor, in fact, owns all of the property rights that are
purportedly being conveyed. Without the covenant of seisin,
the grantee would have no assurance that the interests in the
real property that are being conveyed are actually owned by the
grantor. Without the covenant of seisin, the grantee also would
have no assurance that an undisclosed third party had not been
granted some interest in the property or the right to enter,
occupy, or utilize the property.
The covenant of the right to convey assures the grantee that
the grantor has the legal right to convey their property rights in
the property. The covenant of the right to convey is closely tied
to the covenant of seisin and they usually exist concurrently; if
the grantor owns the property rights they purport to sell then
they generally have the right to convey those property rights.
The covenant against encumbrances assures the grantee that
no undisclosed third parties have any rights to use or enter
upon the property. The grantor having granted to any third
parties any rights to use the property, such as a license, or any
rights to enter upon the property, such as an easement, would
be a breach of the covenant against encumbrances.
The covenant of quiet enjoyment is most often at issue in
regards to real property that is leased by a tenant. The
covenant of quiet enjoyment assures the tenant that their right
to occupy the property is superior to other third parties and no
other such third party will be able to evict the tenant from the
property. While directly protecting tenants, the covenant of
quiet enjoyment indirectly protects grantees of real property by
providing an assurance that the tenant that occupies the
property being acquired will not be supplanted by an unknown,
and possibly less desirable, third party.
The warranty of title is the assurance that the grantor will
warrant the title that is conveyed to the grantee and the grantor
has the duty to defend such title against the lawful claims of
third parties. The warranty of title is a key element of warranty
deeds and is specifically recited within the form of warranty
deed prescribed by Florida Statutes.
The covenant of further assurances obligates the grantor to
undertake any additional acts that may become necessary to
convey to the grantee good and valid title to the real property.
The covenant of further assurances is a non-specific, catch-all
warranty of title and property interest that has been invoked
only when necessary to arrive at equitable outcomes and is not
even recognized by all jurisdictions.
Of course, covenants are only as effective as the party granting
those covenants. Therefore if the grantee of real property is
not familiar with or confident in the veracity of the grantor or if
the grantor does not have recoverable assets that can make
the grantee whole if there is a breach of one or more of these
covenants, then the grantee should certainly seek additional
protections.
Return to Warranty Deeds
Warrranty Deed
Warranties of Title and Property Rights
The common law warranties of title and property rights
recognized in Florida are: the covenant of seisin, the covenant
of the right to convey, the covenant against encumbrances, the
covenant of quiet enjoyment of the property, the covenant of
warranty to the title of the property, and the covenant of further
assurances.
The covenant of seisin is the covenant that assures the grantee
that the grantor, in fact, owns all of the property rights that are
purportedly being conveyed. Without the covenant of seisin,
the grantee would have no assurance that the interests in the
real property that are being conveyed are actually owned by the
grantor. Without the covenant of seisin, the grantee also would
have no assurance that an undisclosed third party had not been
granted some interest in the property or the right to enter,
occupy, or utilize the property.
The covenant of the right to convey assures the grantee that
the grantor has the legal right to convey their property rights in
the property. The covenant of the right to convey is closely tied
to the covenant of seisin and they usually exist concurrently; if
the grantor owns the property rights they purport to sell then
they generally have the right to convey those property rights.
The covenant against encumbrances assures the grantee that
no undisclosed third parties have any rights to use or enter
upon the property. The grantor having granted to any third
parties any rights to use the property, such as a license, or any
rights to enter upon the property, such as an easement, would
be a breach of the covenant against encumbrances.
The covenant of quiet enjoyment is most often at issue in
regards to real property that is leased by a tenant. The
covenant of quiet enjoyment assures the tenant that their right
to occupy the property is superior to other third parties and no
other such third party will be able to evict the tenant from the
property. While directly protecting tenants, the covenant of
quiet enjoyment indirectly protects grantees of real property by
providing an assurance that the tenant that occupies the
property being acquired will not be supplanted by an unknown,
and possibly less desirable, third party.
The warranty of title is the assurance that the grantor will
warrant the title that is conveyed to the grantee and the grantor
has the duty to defend such title against the lawful claims of
third parties. The warranty of title is a key element of warranty
deeds and is specifically recited within the form of warranty
deed prescribed by Florida Statutes.
The covenant of further assurances obligates the grantor to
undertake any additional acts that may become necessary to
convey to the grantee good and valid title to the real property.
The covenant of further assurances is a non-specific, catch-all
warranty of title and property interest that has been invoked
only when necessary to arrive at equitable outcomes and is not
even recognized by all jurisdictions.
Of course, covenants are only as effective as the party granting
those covenants. Therefore if the grantee of real property is
not familiar with or confident in the veracity of the grantor or if
the grantor does not have recoverable assets that can make
the grantee whole if there is a breach of one or more of these
covenants, then the grantee should certainly seek additional
protections.
Return to Warranty Deeds
Law Office of
Craig W. Little, P.A.