A conveyance of real estate is a transfer of real estate from one person to another.  A deed is one form of conveyance, transferring a title to real estate from one person to another.  Title means ownership of real estate.  The person transferring title is known as the “grantor” and the person receiving the title is known as the “grantee.”  There are several types of deeds.  One form of deed is a warranty deed.  A warranty deed is a deed which warrants good and clear title to the real estate transferred.  In many states, it often includes some or all of the following covenants:  seisin, quiet enjoyment, right to convey, freedom from encumbrances and defense of title against all claims.  Covenant of seisin is an agreement, contract, or promise that the grantor possesses a quantity and quality of land described in the deed or other conveyance.  The covenant of quiet enjoyment is an agreement, contract or promise that the grantee to a deed or other conveyance will have the land in peace and without disturbance from other persons with hostile claims to the land.  A covenant of right to convey is an agreement, contract or promise that the grantor has a right to transfer title to the land.  The covenant against encumbrances is an agreement, contract, or promise that there are no encumbrances against the land described in the deed or conveyance.  An encumbrance is a claim by another person against the land.  One example of an encumbrance is a mortgage or other lien against the real estate.  The covenant of defense of title against all other claims means that the grantor will defend the grantee should other persons or entities make hostile claim against the grantee’s title to real estate which arise from events occurring prior to the transfer of title.

A warranty deed must be in writing and must be signed by the grantor.  It must be recorded to put third persons, such as creditors and subsequent purchasers, on notice as to the transfer.

All other warranties or covenants must be expressly stated to be included in the deed.  For further information, see the subtopic “Deeds.”  Please see specific state for details and/or differences.

ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA 
 GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND 
 MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA 
 NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO 
 OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE 
 TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
In Alabama, all other warranties or covenants must be expressly stated to be included in the deed.  Alabama Code §35-4-7, 271.

ALASKA
In Alaska, covenants are not required or implied in deeds.  Covenants will apply only if expressly contained in the deed.  Alaska Code §34.15.080.

ARIZONA
In Arizona, a deed includes the following covenants and warranties:  the use of the words “grant” or “convey in a deed” is a warranty that at the time of execution of the deed the real estate has not been conveyed to any other individual other than the grantee and that the real estate is free from encumbrances and liens.  Arizona Code §33-435.

ARKANSAS
In Arkansas, a deed includes the following covenants and warranties:  the covenants and warranties described above in the general information.  §18-12-102.

CALIFORNIA
In California, a deed includes the following covenants and warranties:  that the grantor has not previously conveyed the real estate and that it is free of encumbrances made by the grantor or anyone claiming under him.  California CC §1113.

COLORADO
In Colorado, a deed includes the following covenants and warranties:  seisin, right to convey, freedom from encumbrances, and peaceable possession.  Colorado Code §38-30-113(2).

CONNECTICUT
In Connecticut, a warranty deed includes the above described covenants and warranties.  Connecticut Code §47-56, 36(c)-(e).

DELAWARE
In Delaware, a warranty deed includes the following covenants and warranties:  a special warranty against the grantor and all persons claiming under him or her.  Delaware Code §25-121 onward.

FLORIDA
In Florida, a deed includes the following covenants and warranties:  seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title.  Florida Code §689.01 onward.

GEORGIA
In Georgia, a warranty deed must be in writing and must be signed by the grantor.  It also must be attested by two witnesses.  In Georgia, a deed includes the following covenants and warranties:  seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title.  Georgia Code §44-5-30 onward.

HAWAII
Hawaii Code §501-108.

IDAHO
In Idaho, a deed includes the following covenants and warranties:  that the grantor has not previously conveyed the tittle to another person and that the real estate is free from encumbrances made by the grantor or persons claiming under him or her.  Idaho Code §32-912; 55-601, 605, 609, 612, 805, 812.

ILLINOIS
In Illinois, a warranty deed includes the following covenants and warranties:  seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title.  Such covenants and warranties are given through use of the words “convey and warrant.”  Illinois Code §765-5/35c;  765-5/9.

INDIANA
In Indiana, a warranty deed includes the following covenants and warranties:  seisin, quiet enjoyment right to convey, freedom from encumbrances, and defense of title.  Indiana Code §32-1-2-12, 18;  32-1-2-11; 6-1.1-5.5-3.

IOWA
In Iowa, a deed includes the following covenants and warranties:  seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title.  Iowa Code §622.32-35;  558.41.

KANSAS
In Kansas, a deed includes the following covenants and warranties:  seisin, quiet enjoyment, right to convey, freedom from encumbrances and defense of title.  Kansas Code §58-2203, 2204.

KENTUCKY
In Kentucky, a deed includes the following covenants and warranties:  the grantor will warrant and defend against all claims and demands whatsoever.  Kentucky Code §371.010;  382. 030-.040, .110, .135, .270.

LOUISIANA
In Louisiana, warranties or covenants must be expressly stated to be included in the deed.  Louisiana T.9, §2721;  T.35, §12, 17;  T.47, §2328;  CC §2442.

MAINE
In Maine, a deed includes the following covenants and warranties:  seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title.  Maine T.33, §761-775.

MARYLAND
In Maryland, a deed includes the covenants and warranties expressly stated in it.  Maryland Real Prop. Art. §3-103; 4-101.

MASSACHUSETTS
In Massachusetts, a deed includes the following covenants and warranties: seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title.  Massachusetts C. 183, §1, 4, 6, 6B, 29 and Appendix.

MICHIGAN
In Michigan, a warranty deed must be in writing and must be signed by the grantor, and signed also by at least two (2) witnesses.  In Michigan, a warranty deed includes the following covenants and warranties: seisin, right to convey, quiet possession, freedom from encumbrances, and defense of title.  Michigan CLA §565.151.

MINNESOTA
In Minnesota, a deed includes the following covenants and warranties:  seisin, right to convey, quiet possession, freedom from encumbrances, and defense of title.  Minnesota Code §507.07, .091-.092, .24, .34.

MISSISSIPPI
In Mississippi, a deed includes the following covenants and warranties:  seisin, right to convey, quiet enjoyment, freedom from encumbrances, warranty of title.  Mississippi Code §89-1-3 onward.

MISSOURI
In Missouri, a deed includes the following covenants and warranties:  freedom from encumbrance and defense of title.  Missouri Code §442.010 onward.

MONTANA
In Montana, a deed includes the following covenants and warranties: the grantor has not previously conveyed title and the land is free from encumbrances.  Additional covenants usually given are seisin, quiet enjoyment, further assurance, general warranty and against encumbrances.  Montana Code §70-20-101 onward; 70-21-203 onward; 30-11-109.

NEBRASKA
In Nebraska, a deed includes the following covenants and warranties:  seisin, freed from encumbrances, right to convey, quiet enjoyment and defense of title.  Nebraska Code §76-211 onward.

NEVADA
In Nevada, a deed includes the following covenants and warranties:  freedom from encumbrances and right to convey.  Nevada Code §111.105 through .330.

NEW HAMPSHIRE
In New Hampshire, a deed includes the following covenants and warranties:  seisin, freedom from encumbrances, right to convey, and defense of title.  New Hampshire C. 477, §1-27.

NEW JERSEY
In New Jersey, warranties or covenants must be expressly stated to be included in the deed.  New Jersey Code §46-3-13; 46-15-1.1; 46-22-1.

NEW MEXICO
In New Mexico, a warranty deed using the words “warranty covenants” includes the following covenants and warranties:  seisin, right to convey, quiet enjoyment, freedom from encumbrances, and defense of title.  New Mexico Code §47-1-5, 37; 14-8-4; 14-9-1, 3.

NEW YORK
In New York, a warranty deed is known as a deed with full covenants.  New York does have a Housing Merchant Implied Warranty law in the case of sale of a new home.  New York G.O.L. §5-703; R.P.L. §243-44, 258, 291; G.B.L. §777-a.

NORTH CAROLINA
In North Carolina, a deed with the words “grant, bargain, sell and grant” includes the following covenants and warranties:  seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title.  North Carolina Code §39-1, 7; 47-17, 18;  Common Law.

NORTH DAKOTA
In North Dakota, a deed includes the following covenants and warranties:  the grantor has not conveyed the real estate to another and has not given or allowed any encumbrances.  North Dakota Code §47-10-01 onward; 47-19-03, 29, 41.

OHIO
In Ohio, a deed includes the following covenants and warranties:  seisin, freedom from encumbrances, right to convey, and defense of title.  Ohio Code §5301.01 through 5301.25;  5302.02 through 5302.30(D).

OKLAHOMA
In Oklahoma, a deed includes the following covenants and warranties:  seisin, right to convey, quiet enjoyment, freedom from encumbrances and defense of title.  Oklahoma Code §16-2 through 95.

OREGON
In Oregon, a deed includes the following covenants and warranties:  seisin, right to convey, freedom from encumbrances and defense of title.  Oregon Code §93.010 onward.

PENNSYLVANIA
In Pennsylvania, a deed includes the following covenants and warranties:  freedom from encumbrances and quiet enjoyment.  Pennsylvania Code §21-2 onward; 21-351.

RHODE ISLAND
In Rhode Island, a deed includes the following covenants and warranties: seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title.  Rhode Island Code §34-11-1 onward.

SOUTH CAROLINA
In South Carolina, a warranty deed must be in writing and signed by the grantor and also signed by at least two (2) witnesses.  In South Carolina, a deed includes the following covenants and warranties:  seisin, right to convey, quiet enjoyment, freedom from encumbrances and defense of title.  South Carolina Code §27-7-10 through 30; 30-7-10.

SOUTH DAKOTA
In South Dakota, a warranty deed includes the following covenants and warranties: seisin, right to convey, freedom from encumbrances, quiet possession, and defense of title.  South Dakota Code §43-28-8; 43-25-1 through 26; 7-9-1, 7.

TENNESSEE
In Tennessee a deed includes the following covenants and warranties:  seisin, freedom from encumbrances, right to convey, and defense of title.  Tennessee Code §66-22-105; 66-26-101.

TEXAS
In Texas, a deed includes the following covenants and warranties: seisin, right to convey and freedom from encumbrances.  Texas Prop. Code §5.021 through .023, 11.001, 12.001, 13.001.

UTAH
In Utah, a deed includes the following covenants and warranties: seisin, right to convey, quiet possession, freedom from encumbrances and defense of title.  Utah Code §25-5-1; 57-3-1 through 10.

VERMONT
In Vermont, a warranty deed must be in writing and must be signed by the grantor in the presence of two (2) or more witnesses.  A deed in Vermont includes the following covenants and warranties:  seisin, right to convey, freedom from encumbrances and defense of title.  Vermont Code §27-305, 341, 342, 348.

VIRGINIA
In Virginia, a warranty deed includes the following covenants and warranties: seisin, right to convey, quiet enjoyment, freedom from encumbrances, and defense of title.  A sale of a new home also includes implied warranties that it is free from structural defects and that it was constructed in a workmanlike manner.  Virginia Code §55-49 through 113.

WASHINGTON
In Washington, a deed includes the following covenants and warranties:  seisin, right to convey, quiet enjoyment, freedom from encumbrances and defense of title.  Washington Code §26.16.010-.030; 64.04.030-.050; 64.08.070.

WEST VIRGINIA
In West Virginia, a deed includes the following covenants and warranties: right to convey, quiet possession, freedom from encumbrances and defense of title.  West Virginia Code §36-1-1; 36-4-1 onward; 39-1-2.

WISCONSIN
In Wisconsin, a deed includes the covenants and warranties:  seisin right to convey, freedom from encumbrances, and defense of title.  Wisconsin Code §706.02-.10.

WYOMING
In Wyoming, a deed includes the covenants and warranties:  seisin, freedom from encumbrances, right to convey, quiet enjoyment, and defense of title.  Wyoming Code §34-1-102 onward.