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Real Property • Conveyances
PROP#185
Legal Definition
Against Encumbrances is a *present warranty* that there are no physical or title encumbrances.
Plain English Explanation
A general warranty deed is the most premium of deeds. It's like buying something from Costco where you don't have to worry about whether or not there's anything wrong with the product because you know Costco will make it right if you have a problem.
Obviously, encumbrances are problems. Examples of encumbrances includes things like mortgages, liens, or easements. If such an encumbrance exists on the property at the time the deed is delivered, this promise has been breached.
Obviously, encumbrances are problems. Examples of encumbrances includes things like mortgages, liens, or easements. If such an encumbrance exists on the property at the time the deed is delivered, this promise has been breached.
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