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In assessing the warranties under a general warranty deed, what is Seisin?

Bar Exam Prep Real Property Conveyances In assessing the warranties under a general warranty deed, what is Seisin?
😀 Real Property • Conveyances PROP#183

Legal Definition

Seisin is a *present warranty* that the grantor has the estate they purport to convey (i.e. title and possession).

Plain English Explanation

"Seisin" is one of those words that should remind you how old property law is. It's first recorded use comes from the 14th century, from an Anglo-French word seisir, which became the word "seize". In other words, the warranty of seisin is the guarantee that what you are conveying is actually yours to convey (e.g., you have seized it).

So at the moment when you convey the deed to the recipient, if you don't actually own what you are conveying, this present warranty is breached.

Hypothetical

Hypo 1: Amy owns a 50-acre parcel of land called Whiteacre. She sells it to Bob via general warranty deed. Later, Bob finds out that Whiteacre is actually only a 25-acre parcel. Result: Amy claimed she could convey 25 more acres than she actually owned. This is a violation of seisin. It is a present warranty, which means it was breached the moment Amy transferred the deed to Bob (not the moment he found out). This is important, because the statute of limitations for Bob to bring a claim for breach of seisin starts running from the date of delivery of the deed.

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