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

Countless real estate disputes and financial disagreements occur in our world. At first, anybody could believe that genuineness, honesty, and integrity might have disappeared. However, the ...

Reducing the prepaid items on a debt agreement. ...

Span of time a rental agreement is free to the occupant. A landlord may offer this as an incentive to stimulate rentals. For example, an owner of an office building may provide a free ...

Aluminum or metal treated barrier that is placed between the concrete and wood of the foundation of a newly constructed building to prevent termites from infesting the wood. Many experts ...

Some states make the legal assumption, based on title theory, that the mortgagee is a partial owner of the real estate securing the mortgage and remains as is until the debt is fully paid. ...

Expenditures incurred subsequent to the building of a structure. ...

Details of a contract of sale including a financial statement, legal description, type of deed, place, date and time of closing of title. ...

Protection over and above that of an insurance policy or warranty. ...

An entrance hallway from the outside of a building. Foyers are intended as a gathering place for people either before exiting or upon entrance. ...

Popular Real Estate Questions