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

A type of equity participation loan where, in exchange for charging a below-market interest rate, the lender receives a predetermined percentage of a any increase in value of the property ...

The term’s abstract of title definition is the recorded summary of a property’s history. Abstracts of title can be used to determine former and present ownerships of any ...

Expenditures incurred building a structure, including material and labor. ...

That portion of a loan collaterized by a leased property extending beyond the expiration date of the lease. For example, a lending institution collaterizes a 20-year loan on a commercial ...

cash value or other consideration that can be received in a forced sale of real estate, such as that occurring in a foreclosure or when a company is going out of business. The liquidation ...

The meaning of a disclosure statement is a legal document signed by both parties, the lender and the borrower or buyer. This statement outlines the terms and conditions, the potential ...

A criminal act of falsely representing another individual to gain profit or gain an advantage. ...

income statement destroyed by a casualty such as a fire. This requires the reconstruction of the income statement based on source records, information, and documents. Income statement ...

An improvement to property that is below the standard, usual expectation. An example is when a contractor's work on a house is below the quality that the homeowner reasonably expected for ...

Popular Real Estate Questions