2016 -- H 7573

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LC004391

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PROPERTY - FORM AND EFFECT OF CONVEYANCES

     

     Introduced By: Representatives Solomon, Coughlin, and Keable

     Date Introduced: February 11, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 34-11-17 and 34-11-18 of the General Laws in Chapter 34-11

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entitled "Form and Effect of Conveyances" are hereby amended to read as follows:

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     34-11-17. Effect of quitclaim deed. -- Effect of quitclaim deed or special warranty

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deed.-- A deed substantially following the form entitled "Quitclaim Deed" or "Special Warranty

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

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

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

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

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

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

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under the grantor.

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     34-11-18. Meaning of quitclaim covenants Meaning of quitclaim covenants and

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special warranty covenants. -- In any conveyance of real estate the words "with quitclaim

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covenants" or with "special warranty covenants" either in the title or in the body of said deed

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shall have the full force, meaning, and effect of the following words: "The grantor, for himself or

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

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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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     SECTION 2. This act shall take effect upon passage, and shall apply to all deeds, whether

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recorded or unrecorded, with the words "special warranty" in their title, and/or the words "special

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warranty covenants" in the body thereof.

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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 would warrant and defend

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the granted premises to the grantee forever against lawful claims. It would apply to deeds

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recorded or unrecorded with the words "special warranty" in their title, and/or the words "special

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warranty covenants" in the body of the deed.

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     This act would take effect upon passage, and would apply to all deeds, whether recorded

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or unrecorded, with the words "special warranty" in their title, and/or the words "special warranty

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covenants" in the body thereof.

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LC004391

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