What are the two limited assurances presumed in a statutory special warranty deed?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

In a statutory special warranty deed, the two limited assurances that are typically presumed include the notion that the grantor has not conveyed the property to anyone else (meaning the grantor has not sold the property to a third party) and that the property is free from encumbrances that the grantor has created during their period of ownership. This form of deed provides a limited warranty that covers only the time the grantor owned the property, offering some protection to the grantee against issues that may arise from the grantor's actions.

This makes the choice regarding the grantor's non-sale and the absence of their own encumbrances the correct answer. The other options present broader or incorrect assurances, such as guarantees of complete ownership or freedom from all encumbrances, which are not standard provisions in a special warranty deed. Instead, a special warranty deed specifically limits the grantor's liability to only what happened during their ownership, rather than providing a blanket assurance over the property's entire history.

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