![]() 46, 202 S.W.2d 448, 453 (1947).Ī warranty of title may take the form of either a general or a special warranty. The measure of damages in a suit for breach of warranty of title, like those for breach of the covenant of seisin, is the consideration paid “for whatever portion of the conveyance that was subject to a failure of title” with interest. App.-El Paso 1918, writ ref’d) (“The mere existence of a superior title in another, which has never been enforced, does not amount to a breach of the covenant of warranty.”). Further, a warranty of title runs with the land and is not breached “unless and until there has been an actual or constructive eviction” of the grantee by an individual with superior title. A warranty of title does not warrant the title of the grantor but instead warrants the title of the grantee. “A warranty clause in a conveyance, either general or limited, is no part of the conveyance proper it neither strengthens, enlarges, nor limits the title conveyed, but is a separate contract on the part of the grantor to pay damages in the event of failure of title.” Bond v. 2020).īefore examining the effect of the deed’s language, we review the obligations imposed by a warranty clause. Grantor promises that the estate is free from encumbrances made by grantor.From Chicago Title Ins.Grantor promises that he hasn’t conveyed this estate to anyone other than grantee, and.(Note: Grantor makes no representations on behalf of his predecessors in interest.) ![]()
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