2012 -- H 7392

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LC00976

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PROPERTY - FORM AND EFFECT OF CONVEYANCES

     

     

     Introduced By: Representatives Lally, Jackson, and Schadone

     Date Introduced: February 02, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-11 of the General Laws entitled "Form and Effect of

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Conveyances" are hereby amended by adding thereto the following sections:

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     34-11-42. Effect of special warranty deed. – A deed entitled “special warranty deed”

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shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his

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or her heirs and assigns, to his, her and their own use, with covenants on the part of the grantor,

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for himself or herself and for his or her heirs, executors and administrators, with the grantee and

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his or her heirs and assigns, that he or she will, and his or her heirs, executors and administrators

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shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns

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forever against the lawful claims and demands of all persons claiming by, through or under the

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grantor.

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     34-11-43. Meaning of special warranty covenants. – In any deed of conveyance of real

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estate, the use of the words “special warranty” in the title of said deed, and/or use of the words

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“special warranty covenants” in the body of said deed shall have the full force, meaning, and

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effect of the following words: “The grantor, for himself or herself and for his or her heirs,

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executors and administrators, covenants with the grantee and his or her heirs and assigns, that he

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or she will, and his or her heirs, executors and administrators shall, warrant and defend the

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granted premises to the grantee and his or her heirs and assigns forever against the lawful claims

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and demands of all persons claiming, by, through or under the grantor.”

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     SECTION 2. This act shall take effect upon passage and shall apply to all deeds with the

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words “special warranty” in their title and/or the words “special warranty covenants” in the body

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thereof, recorded prior to and subsequent to passage of this act.

     

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LC00976

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY - FORM AND EFFECT OF CONVEYANCES

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     This act would allow for the use of the terms “special warranty deed” and “special

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warranty covenants” in any deed of conveyance, whereby the grantor will warrant and defend the

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granted premises to the grantee forever against lawful claims.

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     This act would take effect upon passage and would apply to all deeds with the words

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“special warranty” in the title and/or “special warranty covenants” in the body thereof, recorded

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prior to and subsequent to passage of this act.

     

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LC00976

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H7392