Full Covenant And Warranty Deed

Definition of "Full covenant and warranty deed"

Jeff Williamson real estate agent

Written by

Jeff Williamsonelite badge icon

Ownerland Realty

The definition of a full covenant and warranty deed in real estate is a type of deed that includes a number of specific assurances that certain conditions will be met that go above and beyond those included in the basic deed. In the following section, we’ll go into detail explaining each of these warranties. Let’s begin! 

The covenant of Seisin 

The term this warranty takes its name from originated during England’s feudal era, but the underlying concept remains much the same as it did then. The covenant of seisin simply denotes the conveyance of a piece of property, with all the accompanying attributes that such a transaction implies. 

The covenant of quiet enjoyment

This warranty guarantees the new owner of a property the right to enjoy their newly purchased land in peace and quiet, free of any unexpected or unforeseen objection by the seller and/or former owner of the property. 

Freedom from lien or encumbrance 

This warranty guarantees freedom from any conditional financial clauses or terms in the contract such as mortgages, pledges, hypothecations such as might occur should the seller fail to disclose any such pre-existing factors. 

Covenant of further assurance

This warranty guarantees that the previous title-holder/owner will make any necessary additions, amendments, or modifications to the deed in the future, should the need arise to alter or amend the original document in the case of legal or statutory circumstances. This exempts the buyer from paying any fees or expenses that arise from such circumstances.  

Warranty of title

Finally, the warranty of title ensures that no other parties, save the new owner of the property, have any claim or right to the property in question. This warranty serves as insurance against unforeseen circumstances that may arise such as the dispute of property rights and their rightful holder. 

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Similar property. Comparing like property. properties that are side by side but do not meet. They are in the same direction with a constant distance. ...

Title leaving no question as to who the owner is. It is the title which a reasonable buyer, knowledgeable of the facts and their legal implications and acting in a reasonable manner, would ...

Claim made by a federal or local government agency against a taxpayer's property for delinquent or overdue taxes. The tax lien is effected through tax assessment, demand, and failure to ...

The term compounding refers to the process of gaining interest on interest. While usually, interest is credited to the existing principal amount, compounding makes it possible to credit ...

Number of small holes in a wall allowing water to drain from it. This makes the walls able to withstand water pressure. ...

Distribution of population over a given area of land. ...

Unsecured long-term debt. There is no collateral or lien on the property. A debenture can only be issued by a financially sound borrower with an excellent credit rating because no ...

Right of a party, the assignor, to allocate the benefits of certain insurance policies to a third party, the assignee. Insurance on real estate may assign the policy to protect the property ...

The use of borrower funds by people or business to increase the return on an investment. Examples are a mortgage to purchase real estate and buying real estate stock on margin. ...

Popular Real Estate Questions