What is a covenant of warranty?

A covenant of warranty is a legal agreement between two parties when it comes to property law in Kansas. It is a promise made by the person transferring the property (the grantor) to the person receiving it (the grantee) that the property will be free from any legal claims or other encumbrances. It also guarantees that the grantor has the right to transfer ownership of the property being conveyed. In other words, it gives assurance that the property title is legitimate and unencumbered. The most common type of covenant of warranty is a general warranty deed, which provides the grantee with the broadest protection against potential defects in the title. This type of deed carries with it a guarantee of title for any previous owners, as well as any future owners of the property. If any issue arises that affects the title of the property, the grantor promises to resolve the issue or provide compensation for losses incurred. In addition to the general warranty deed, Kansas also recognizes special warranty deeds and quitclaim deeds. Special warranty deeds provide more limited protection for the grantee, as they only guarantee against defects in the title that occurred during the grantor’s tenure as owner. A quitclaim deed provides no title assurance at all, but it does convey the current possessory interest of the grantor to the grantee. No matter the type of covenant of warranty, they all provide assurance to the grantee that their new property title is free from any unknown or potential claims. Although anyone purchasing property in Kansas should always consult with an attorney prior to the transaction, a covenant of warranty is a valuable tool for protecting a buyer’s interests in the property.

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