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What are the requirements for a warranty deed in Virginia?
Warranty Deed If a deed is intended to be a general warranty deed, it should contain a phase specified by state law such as the phrase conveys and warrants. These words, called operative words of conveyance, carry with them several warranties which the grantor is making to the grantee.
Is a special warranty deed proof of ownership?
No, a warranty deed does not prove ownership. A title search is the best way to prove that a grantor rightfully owns a property. The warranty deed is a legal document that offers the buyer protection. In other words, the property title and warranty deed work in tandem together.
Why would a seller want a special warranty deed?
A special warranty deed is a type of real estate deed used to transfer property ownership from one person to another. By using this particular deed, the seller is guaranteeing to the buyer that there are no defects or problems with the property title during the time that they owned the property.
What is the difference between a warranty deed and a special warranty deed?
The main difference between these deeds is that general warranty deeds apply to the entire history of a piece of land while special warranty deeds only cover the period of time that the previous owner (the grantor) has held the land. As such, special warranty deeds offer fewer protections to a grantee.
What is the difference between a special warranty deed and a general warranty deed in Virginia?
A Special Warranty Deed, also known as a Limited Warranty Deed, offers less protection than a General Warranty Deed. The seller only guarantees that they have done nothing during their ownership to encumber the property. It does not cover any issues that may have arisen before they took ownership.
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People also ask
Which is better, a special warranty deed or a general warranty deed?
A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during their ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.
What are the disadvantages of a special warranty deed?
The main disadvantages include limited protection for buyers, who may inherit claims or issues from before the sellers ownership. Buyers must investigate the propertys history, which could lead to unexpected costs or unresolved liens.
Related links
Two Perspectives on the Real Estate Title System
by W Mazel 1977 Cited by 4 39 The spe- cial commissioners deed is usually made with special warranty as the conveyance is in a representative capacity rather than in the special
Code of Virginia Code - Subtitle I. Property Conveyances.
If, in either case, the writing is a deed conveying a spouses land, no covenant or warranty in such land on behalf of the other spouse joining in the deed
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