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The legal instrument by which the transfer is effected may be known as a quitclaim deed or a quitclaim agreement. [3] Details of the instrument itself, and the typical circumstances of use, vary by U.S. state.
Grant deeds strike a balance between protection and simplicity. [2] They use precise and unambiguous language to ensure clarity and understanding, and they include warranties that offer protection against future claims on the property. [2] Grant deeds require full disclosure of any encumbrances on the property, such as liens or restrictions. [1]
1. If O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, then title immediately passes to A.. 2. However, if, as above, O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, A may elect to treat O's lack of title at the time of the conveyance as a breach of the covenants of seisin and right to convey ...
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In 1928, Eugenia Gress, a daughter of Ann Elizabeth, got quit-claim deeds from the other Fitzgerald heirs, paid her aunt and cousin $5,000, and took possession of the house. [ 1 ] Gress set about fixing up the dilapidated Rural Home, enclosing the breezeway and remodeling the kitchen. [ 1 ]
Under common law, this type of deed technically created a use in the buyer who then gets the title. [3] Under the statute of uses, modern real property law disregards this subtle distinction. [citation needed] A bargain and sale deed is especially used by local governments, fiduciaries such as executors, and in foreclosure sales by sheriffs and ...
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