Definition Of Full Covenant And Warranty Deed In Real Estate

Definition of "Full covenant and warranty deed"

Jeff Williamson, Real Estate Agent 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.