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Cloned from: property law



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general warranty deed/covenant of general warranty:
warrants the title against all defects of title. Damages only.
special warranty deed:
warrants only against the grantor’s own acts. Acts or defects in the deed from the grantor’s predecessors won’t be warranted.


quitclaim deed:
no warranties on the deed of any kind.

Covenant of seisin:
the grantor warrants that he owns the estate that he purports to convey. Damages only.

covenant of right to convey:
a grantor warrants that he has the right ot convey the property. Damages only.
covenant of further assurances:
grantor promises that he will execute any other documents required to perfect the title conveyed. Damages only.
Statute of limitations on present covenants:
begins to run  at  the date of delivery of the deed
statute of limitations on future covenants
begins to run at the time of eviction or when the covenant is broken.
Fee simple determinable
F.S. That is automatically divested back to conveyor upon some condition being met.
Indefeasibly vested remainder
subject to no further requirements than the expiration of the prior particular estate.  Is certain to present interest at some time in the future.

A to B for life, then to C and his heirs.
Remainder vested subject to partial defeasance.
The remaindermen are a class of people whose membership may be increased.  Certain to become a present interest, but share of the estate may decrease with addition of new members.
A to B for life, then to the children of B.
Remainder subject to complete defeasance
subject to a condition subsequent.  May be one which operates to defeat an interest after it has already vested.  A statement that a remainder is vested is not a statement that the remainder is certain to become possessory.
A to B for life then to C and his heirs on the condition that if the premises are used for other than residential purposes A shall have the power to enter and terminate the interest hereby transferred. 
Remainder subject to a condition precedent/contingent remainder.
A remainder subject to condition precedent exists if at the time it is created, it is not possible to point to any person and say such person would take, if all interests should now end. 
A to B for life, remainder to the children of B.  (B has no children, so???)
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