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.
North Carolina Granting Clause
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