Bargain and sale deed
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A bargain and sale deed is in United States real property law, a deed "conveying real property without covenants". [1]
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| Property law |
|---|
| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
| Lost, mislaid, or abandoned |
| Treasure trove |
| Alienation · Bailment · License |
| Estates in land |
| Allodial title · Fee simple · Fee tail |
| Life estate · Defeasible estate |
| Future interest · Concurrent estate |
| Leasehold estate · Condominiums |
| Conveyancing of interests in land |
| Bona fide purchaser |
| Torrens title · Strata title |
| Estoppel by deed · Quitclaim deed |
| Mortgage · Equitable conversion |
| Action to quiet title |
| Limiting control over future use |
| Restraint on alienation |
| Rule against perpetuities |
| Rule in Shelley's Case |
| Doctrine of worthier title |
| Nonpossessory interest in land |
| Easement · Profit |
| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste · Partition |
| Riparian water rights |
| Lateral and subjacent support |
| Assignment · Nemo dat |
| Other areas of the common law |
| Contract law · Tort law |
| Wills and trusts |
| Criminal Law · Evidence |
This is a deed "for which the grantor implies to have or have had an interest in the property but offers no warranties of title to the grantee. This type of deed is typically used in many states to transfer title." [2]
Under common law, this type of deed technically created a use (law) in the buyer who then gets title. [3] Under the Statute of uses, modern real property law disregards this subtle distinction.[citation needed]
A bargain and sale deed is especially used by local governments, fiduciaries such as executors, and in foreclosure sales by sheriffs and referees.[citation needed] The fact that it comes without any warranties from the government means that the new owner may not have good title.[citation needed] However, if the city did not have good title, then the new landowner may seek a remedy against the local government. [4]
Some states require a specific form to be used. [5] Some states also allow a grantor (or seller) to add warranties. [6] In such case, it may be called a bargain and sale with covenants deed.[7]
[edit] References
- ^ Black's Law Dictionary, p. 46 (2001 edition).
- ^ Answers.com
- ^ Lawyser.com web site
- ^ See, e.g., Findlaw.com, citing Winters v. County of Clatsop (2005).
- ^ Washington state official web site
- ^ Alice Broughton web site
- ^ World Law Direct web site
[edit] See also
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