Statutory Warranty Deed

State:
Multi-State
Control #:
US-OG-498
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Word; 
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Description

The Granting Clause form, the the receipt and sufficiency of which is acknowledged, assignor grants, assigns, and conveys, without warranty of title, either express, implied or statutory, to assignee.

The North Carolina Granting Clause is a crucial element found in real estate contracts and deeds that transfers ownership rights to the buyer or grantee. It outlines the property's legal description and includes specific language indicating the intent of the seller or granter to convey the property to the grantee. This clause is often included in real estate documents to ensure clear and undisputed property ownership. Within North Carolina, there are two primary types of Granting Clauses commonly used in real estate contracts: 1. General Warranty Deed Granting Clause: This type of Granting Clause provides the highest level of protection for the grantee. It incorporates several Covenants of Title, such as the Covenant of Basin, Covenant of Right to Convey, Covenant Against Encumbrances, Covenant of Quiet Enjoyment, Covenant of Warranty Forever, and Covenant of Further Assurances. These covenants guarantee the grantee that the granter has full legal rights to convey the property and that the title is free from any undisclosed encumbrances. 2. Special Warranty Deed Granting Clause: This Granting Clause offers a lesser degree of protection to the grantee compared to a General Warranty Deed. It includes a narrower set of Covenants of Title, primarily the Covenant of Basin and Covenant of Right to Convey. These covenants ensure that the granter lawfully owns the property and has the authority to transfer it, but they do not provide guarantees against any encumbrances that might arise from previous owners. It is essential to understand the type of Granting Clause used in a real estate transaction in North Carolina to comprehend the level of protection it offers to the grantee. Consulting with a qualified real estate attorney or professional is highly recommended when dealing with these legal documents to ensure all rights and obligations are accurately addressed.

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FAQ

What can be construed as a VOIDABLE deed? A deed given through fraud, by mistake, or under duress, A deed given by a person who may be mentally incapacitated. A deed that was not supposed to be delivered (stolen) A deed that was changed without the Grantor's knowledge or consent.

No deed or other writing purporting to convey land or an interest in land shall be declared void for vagueness in the description of the thing intended to be granted by reason of the use of the word "adjoining" instead of the words "bounded by," or for the reason that the boundaries given do not go entirely around the ...

The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.? (Civ.

If the trial court finds the grantor intended the deed to take effect at some point in the future, or if the trial court finds the grantor thought the deed would not be effective until some subsequent act was performed, then there was no delivery and the deed is void and ineffective.

A deed must state the name and address for the current owner making the transfer (the grantor) and the new owner receiving the property (the grantee). A deed with more than one grantor or grantee must include the names and addresses of all parties.

§ 39-16.3 governs tenancy by the entirety property ownership in North Carolina and states that if a married couple acquires real property and both parties are identified on the deed, the married couple will own the property as tenants by the entirety unless the deed states something to the contrary.

(1) The property may not be held liable for individual debts of either spouse and a judgment lien against one spouse alone does not attach to the property. The property may be conveyed by joint deed of both spouses to anyone of their choice free and clear of a judgment lien against either spouse.

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May 12, 2023 — Every deed must contain a granting clause—which is the language that indicates the current owner's intention to transfer the property to the new ... In Artis v. Artis,. 1 the North Carolina Supreme Court construed a conveyance in which the granting clause read that the grantor "has bargained and sold, and ...If the document of title granting the. If the document of title granting the easement from tract A is recorded in the office of the register of deeds in the g. Must name the beneficiary (or “bearer”). Must be the same person or entity as the Note. f. Must contain granting clause/operative words of conveyance. (e.g. ... by HM Johnston Jr — The recent case of Oxendine v. Le'is' demonstrates anew the danger in the attempted use of a printed fee simple form deed to convey other than a fee. granting clause of the deed or deeds to the tenant in common and his or her spouse. b. The deed or deeds to the tenant in common and his or her spouse is. How to fill out Wake North Carolina Granting Clause? · First and foremost, double-check if the Wake Granting Clause is tailored to your state's or county's ... The intent of the tenant in common to create a tenancy by the entirety with his or her spouse in this exchange of deeds is clearly stated in the granting clause ... The PLAINTIFF may serve the defendant(s) by mailing a copy of the summons and complaint by registered or certified mail, return receipt requested, addressed to ... A deed of conveyance transfers a present interest in real estate, and it must contain words that state the Grantor's intention to convey the property (at this ...

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Statutory Warranty Deed