In Delaware what conditions will be covered by my warranty deed?

A Delaware warranty deed transfers ownership of real property from a current owner to a new owner with the conveyance of certain warranties.Most warranty deeds should include the names of the current owner (grantor) the new owner (grantee), as well as the legal description of the property. Transfers of real property must be in writing, notarized and include the grantor's signature. Most deeds are recorded in the county where the property is located.

Delaware Deed Transfer

A general warranty deed is used to transfer an interest in real estate in Delaware in most real estate transactions. Warranty deeds guarantee to the new owner that no liens or encumbrances attach to the property. Therefore the grantee takes the property free and clear. This warrantee goes back to the property's origins.

In some states, a general warranty deed includes certain covenants of titles that are categorized as present and future covenants.

Present covenants include:

• Covenant of Seisin & Covenant of Right to Convey that represent the grantor's warranty that he or she has title and possession and can legally grant or convey both
• Covenant Against Encumbrances

Future Covenants include:

• Covenant of Warranty and Covenant of Quiet Enjoyment - These covenants convey a grantor's promise that he or she will protect the buyer against a later third party who claims title to the property

• Covenant of Further Assurances - In cases where the grantor has omitted something needed for the validity of the title, the grantor promises to cure the defect

Types of Delaware Warranty Deeds

The following are types of Delaware warranty deeds:

• Individual Grantor to Individual Grantee
• Individual Grantor to Two Individual Grantees
• Individual Grantor to Corporation Grantee
• Individual Grantor to Living Trust Grantee
• Two Individual Grantors to Individual Grantee
• Two Individual Grantors to Two Individual Grantees
• Two Individual Grantors to Corporation Grantee
• Two Individual Grantors to Living Trust Grantee
• Corporation Grantor to Individual Grantee
• Corporation Grantor to Two Individual Grantees
• Corporation Grantor to Corporation Grantee
• Living Trust Grantor to Individual Grantee
• Living Trust Grantor to Two Individual Grantees
• Living Trust Grantor to Living Trust Grantee

Talk with a real estate attorney to further discuss the issue of a Delaware deed.