If someone succeeds in establishing a superior claim, then the grantor will be liable to the grantee for the damage. The following warranties can be construed as being corollaries of the covenant of seisin.Ĭovenant of quiet enjoyment: the grantor guarantees that the title is superior to any other claims by 3 rd parties. If the title proves to be defective, the grantee can sue for damages. Most of these warranties cover the warranty of good title and encumbrances: Warranty of TitleĬovenant of seisin: the grantor warrants the title that is being conveyed to the grantee. State laws differ in how the general warranty deed is created, but, usually, there are specific words that make a deed a general warranty deed, most notably, convey and warrant and warrant generally. The general warranty deed provides the greatest conveyance and protection to the grantee because it includes warranties or covenants that the seller conveys with the title. A deed to release simply releases property when the loan for which the property served as security is paid. A correction deed corrects an error on a previous deed. I noticed that in the state of Florida, a deed will include seisin in the covenants and warranties among other things.There are also some special deeds that serve a particular purpose. The legal possession of a property on some warranty deeds is worded as the covenant of quiet enjoyment, which to my understanding, is synonymous to the word seisin. October 15, - A covenant of seisin, when referring to the title on your home, means that you own the property and you have the right to convey it or live in it. You do have rights having to do with your own property, like renting it to someone else, or making changes to your house or yard. So this idea of seisin doesn't really apply today in this country. Go figure.īut today, land ownership doesn't give you any special political or social rights. I guess that in those days, money was needed for land ownership and so if you had money, you were intelligent enough to vote. Even in the early days of our country, land owners had certain rights, like voting, and those who just leased land couldn't vote. What is the definition of real property? Is it the same thing as seisin?įrom reading this article, it seems that the term seisin is a legal term that means owning land. Real property can either be residential or rental property. It includes buildings, structures, and all rights and interests of the land. While real property includes all property that is attached directly to the land and the land itself. As mentioned in my previous post, seisin means to take possession. October 18, - Real property and seisin are not exactly the same thing. Of course, other people along the road are complaining that the road is getting too congested. The only thing they can do is convince the county officials that the road doesn't need to be widened. But, new homeowners need to be aware and read the document about "right-of-way" for roads and utilities. Sadly, some of them will be left with a very small backyard, and a busy road very close. Some homeowners who live in a neighborhood nearby, are up-in-arms because the road by their houses is being widened and the county will be taking some of their property. Even if you have clear title and hold seisin, there are some circumstances where rights to your property, or part of it, are limited.
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