Covenants of Title

Normally, the extent of the grantor's liabilities for some defect in title is governed by the covenants of title contained in the deed.  If the deed contains no covenants of title, the grantor or seller is not liable if the title fails.

Various types of deeds are used to convey interests in property.  Some warrant title and some do not.  Although different jurisdictions may have peculiar local terminology (for example, the language and form of a deed in Indiana does not resemble the language and form of a deed in Kentucky), under standard classification deeds can be divided into three main types:

GENERAL WARRANTY DEED - A General Warranty Deed warrants title against defects arising before as well as during the time the grantor or seller held title.

SPECIAL WARRANTY DEED - A Special Warranty Deed warrants title against defects arising during the grantor's tenure and not defects arising prior to that time.  The grantor is guaranteeing only that he or she has done nothing to make title defective.

QUITCLAIM DEED - A Quitclaim Deed warrants nothing.  The grantor merely transfers whatever right, title, or interest he or she has.