Which of the following is NOT a covenant of a general 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 the context of a general warranty deed, the correct understanding includes identifying the covenants that are typically present. A general warranty deed contains several specific covenants that protect the grantee (the buyer or recipient of the property) by ensuring that the grantor (the seller) has clear title and the right to convey the property, and that they will defend against claims by third parties.

Among the covenants included in a general warranty deed are:

  • The covenant of seisin, which asserts that the grantor holds the title and has the right to convey it.

  • The covenant against encumbrances, which guarantees that there are no undisclosed encumbrances on the property, such as liens or mortgages.

  • The covenant of quiet enjoyment, which ensures that the grantee's possession will not be disturbed by someone claiming superior title.

The option that states "clear title at all times" is not a standard covenant of a general warranty deed. While the grantor does warrant against defects in title at the time of conveyance, this does not extend to a guarantee of clear title "at all times." Therefore, this statement does not accurately reflect the nature of the covenants provided in a general warranty deed.

This distinction is crucial because it

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy