National Real Estate Exam (PSI)Transfer of TitleMedium
A general warranty deed includes the covenant of seisin. What does this specific covenant guarantee to the grantee?
- AThat the grantor actually owns the estate and has the legal right to convey it
- BThat the grantee will not be disturbed in possession by anyone with a superior claim
- CThat the grantor will defend title against all future claims, even those arising after the sale
- DThat the property is free of all liens and encumbrances except those disclosed
Show answer & explanationAnswer & explanation
Correct answer: A. That the grantor actually owns the estate and has the legal right to convey it
The covenant of seisin is the grantor's promise that they actually hold title to the estate being conveyed and have the legal right to transfer it. This is distinct from the covenant against encumbrances (choice B) and the covenant of quiet enjoyment (choice D), which address different guarantees within a general warranty deed.
Why the other options are wrong
- B. This describes the covenant of quiet enjoyment, a different protection.
- C. This describes the covenant of warranty forever, a separate promise within the deed.
- D. This describes the covenant against encumbrances, not seisin.
Covenant of Seisin
A promise in a general warranty deed that the grantor owns the property and has the legal right to convey it.
- One of several covenants in a general warranty deed
- Breached if grantor did not actually own the interest conveyed
- Distinct from covenants against encumbrances and quiet enjoyment
Memory trick: 'Seisin = 'I seize and own it — I can sell it to you.''