2016 -- H 8001 | |
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LC005575 | |
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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 | |
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Introduced By: Representatives Craven, and Ackerman | |
Date Introduced: March 25, 2016 | |
Referred To: House 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 her heirs and assigns |
9 | forever against the lawful claims and demands of all persons claiming by, through, or under the |
10 | grantor. |
11 | 34-11-44. Meaning of special warranty covenants. – In any deed of conveyance of real |
12 | estate, the use of the words "special warranty" in the title of said deed, and/or use of the words |
13 | "special warranty covenants" in the body of said deed shall have the full force, meaning, and |
14 | effect of the following words: "The grantor, for himself or herself and for his or her heirs, |
15 | executors and administrators, covenants with the grantee and his or her heirs and assigns, that he |
16 | or she will, and his or her heirs, executors and administrators shall, warrant and defend the |
17 | granted premises to the grantee and his or her heirs and assigns forever against the lawful claims |
18 | and demands of all persons claiming, by, through, or under the grantor." |
19 | SECTION 2. This act shall take effect upon passage, and shall apply to all deeds, whether |
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1 | recorded or unrecorded, with the words "special warranty" in their title, and/or the words "special |
2 | 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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1 | This act would authorize the filing of a "Special Warranty Deed" containing "special |
2 | warranty covenants" that would require grantors, their heirs, executors, and administrators to |
3 | defend against the lawful claims and demands of persons claiming by, through, or under the |
4 | grantor against grantees, their heirs, and assigns. |
5 | This act shall take effect upon passage, and shall apply to all deeds, whether recorded or |
6 | unrecorded, with the words "special warranty" in their title, and/or the words "special warranty |
7 | covenants" in the body thereof. |
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