Also known as: general warranty deeds
Written by attorneys · grounded in primary & secondary sources — see below
A deed that conveys land while containing covenants warranting title against all defects arising before or during the grantor's ownership. The covenants typically include seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and sometimes further assurance. These covenants run with the land and permit later grantees to recover from the original grantor for breaches.
Gabriel Gonzalez conveyed Blackacre to Global Dynamics by general warranty deed. Years later Global Dynamics discovered a recorded pipeline easement granted by Gonzalez's predecessor. Global Dynamics incurred costs to relocate its planned construction and sued Gonzalez for breach of the covenant against encumbrances contained in the deed.
Gideon Graves paid his father cash for a house with the understanding that title would later transfer to the father. After the father died the estate obtained a default judgment requiring the son to execute a general warranty deed conveying the property to the estate. The son moved to set aside the judgment on the ground that the deed form exceeded the relief requested.
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A general warranty deed contains the covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and sometimes further assurance. These covenants protect the grantee against all title defects whether created before or during the grantor's ownership.
Supporting sources
A general warranty deed warrants title against all defects arising at any time before delivery. A special warranty deed limits the grantor's liability to defects created by the grantor or arising during the grantor's ownership.
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Yes. Future covenants such as quiet enjoyment and warranty run with the land to subsequent grantees. A remote grantee may therefore enforce the covenants directly against the original grantor who delivered the general warranty deed.
No. The covenant against encumbrances is an absolute assurance that title is free from burdens at the time of conveyance. Record notice does not relieve the grantor of liability under a general warranty deed.
Supporting sources
…and across lots 20 and 19 to the public sewer. On January 15, 1904, Laura A. J. Bailey conveyed lot 19 to John J. Jones, by general warranty deed with usual covenants against encumbrances, and containing no exceptions or reservations. Jones erected a dwelling on the north part of the lot. In 1920 Jones conveyed the north 156 feet of…