2015 -- S 0443

========

LC001584

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO PROPERTY - FORM OF CONVEYANCES

     

     Introduced By: Senators Jabour, Lombardi, Archambault, and McCaffrey

     Date Introduced: February 25, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

1

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

2

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

3

     34-11-43. Effect of special warranty deed. -- A deed entitled "special warranty deed"

4

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

5

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

6

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

7

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

8

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

9

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

10

     34-11-44. Meaning of special warranty covenants. -- In any deed of conveyance of real

11

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

12

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

13

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

14

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

15

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

16

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

17

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

 

1

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

2

words "special warranty" in their title, and/or the words "special warranty covenants" in the body

3

thereof.

========

LC001584

========

 

LC001584 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY - FORM OF CONVEYANCES

***

1

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

2

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

3

granted premises to the grantee forever against lawful claims.

4

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

5

"special warranty" in their title, and/or the words "special warranty covenants" in the body

6

thereof.

========

LC001584

========

 

LC001584 - Page 3 of 3