What Are Deed Covenants?
A deed is the instrument that actually transfers legal title at closing, and not every deed promises the same thing. Deed covenants are the title warranties the grantor makes — or doesn’t make — about the quality of the title being conveyed. Which deed type a seller uses can determine whether a buyer has any recourse at all if the title turns out to be defective.
For anyone studying California real property, this is a topic where memorizing a chart pays off directly on the exam, because the fact patterns almost always turn on which covenant applies and when it’s breached.
In one sentence: deed covenants are the promises a grantor makes about title quality, ranging from none (quitclaim deed) to a full guarantee against every defect in the chain of title, including defects created by prior owners (general warranty deed).
The Three Deed Types
Quitclaim Deed — No Promises
A quitclaim deed conveys whatever interest the grantor happens to have, with zero covenants. If the grantor owns nothing, the grantee gets nothing and has no deed-based claim against the grantor. The grantee’s only real protection, if any survives at all, comes from separate promises in the underlying purchase contract — like the seller’s implied duty to deliver marketable title — not from the deed itself.
General Warranty Deed — Full Protection
A general warranty deed gives six covenants and warrants against title defects from any point in the chain of title, even ones created by owners before the current seller. It splits into two families:
Present covenants (breached, if at all, the instant the deed is delivered; enforceable only by the immediate grantee):
- Seisin — the grantor actually owns what they’re purporting to convey.
- Right to convey — the grantor has legal authority to transfer it.
- Against encumbrances — no undisclosed mortgages, liens, or easements.
Future covenants (breached only when the grantee is actually disturbed in possession; these run with the land to remote grantees):
- Quiet enjoyment — the grantee won’t be disturbed by someone with superior title.
- Warranty — the grantor will defend against, and compensate for, a successful superior-title claim.
- Further assurances — the grantor will sign whatever documents are needed to perfect title.
Special Warranty Deed — The Middle Ground
A special warranty deed makes only two promises, and both are limited to the grantor’s own conduct: the grantor hasn’t already conveyed the property to someone else, and the property is free of encumbrances the grantor personally created. Defects that predate the grantor’s ownership aren’t covered. This deed type is common in foreclosure sales and commercial transactions.
Present vs. Future Covenants at a Glance
| Covenant | Type | Breached when? | Runs to remote grantees? |
|---|---|---|---|
| Seisin | Present | At delivery | No — immediate grantee only |
| Right to convey | Present | At delivery | No — immediate grantee only |
| Against encumbrances | Present | At delivery | No — immediate grantee only |
| Quiet enjoyment | Future | Upon disturbance | Yes |
| Warranty | Future | Upon disturbance | Yes |
| Further assurances | Future | Upon disturbance | Yes |
The statute of limitations tracks that same split: it runs from delivery for present covenants and from the date of disturbance for future covenants — which can be years, or decades, after the sale closed.
Why a Quitclaim Deed in the Chain Kills the Warranty
Because present covenants don’t run with the land, a buyer’s protection can quietly disappear somewhere in the chain of title. If Owner sells to Buyer A with a general warranty deed, and Buyer A later sells to Buyer B with a quitclaim deed, Buyer B has no warranty claim against A (A promised nothing) and, generally, no claim against the original Owner either, since present covenants don’t extend past the immediate grantee. One quitclaim link severs the chain of warranty protection going forward.
Deed Execution Basics
A valid deed must be in writing, identify the parties, describe the property, and be signed by the grantor only — the grantee typically doesn’t sign. Consideration isn’t required, unlike a land sale contract. Notarized acknowledgment is required to record the deed and get constructive-notice protection, but an unacknowledged deed is still valid between grantor and grantee. Delivery requires the grantor’s present intent to make the deed operative now, which is a legal question about intent, not a mechanical question about physical handover.
Worked Example
Owen conveys a lot to Alice by general warranty deed. Two years later, Alice conveys the same lot to Ben by quitclaim deed. Ben later discovers a pre-existing, undisclosed easement that predates Owen’s ownership. Who can Ben sue?
Answer: Not Owen — there’s no privity between Owen and Ben, and even if there were, the present covenant against encumbrances runs only to Alice, the immediate grantee. Not Alice, either — Alice made no covenants at all in a quitclaim deed. Ben is stuck. The lesson tested repeatedly on the bar exam: never accept a quitclaim deed when a warranty deed (or title insurance) is available, because a quitclaim link breaks the chain of recourse for everyone who comes after it.
FAQ
Is a special warranty deed the same as a grant deed in California?
They’re closely related in practice — California’s statutory grant deed under Civil Code § 1113 carries implied covenants similar to a special warranty deed, promising the grantor hasn’t conveyed elsewhere and hasn’t encumbered the property, without guaranteeing against defects from prior owners.
Can a buyer sue for breach of a present covenant before any dispute over title arises?
Yes. Present covenants are breached, if at all, the moment the deed is delivered, so the immediate grantee can sue right away — there’s no need to wait for a third party to actually assert a competing claim.
Does title insurance replace the need for a warranty deed?
No, but it f ills the gap a quitclaim deed leaves. Title insurance protects the current owner against covered title defects regardless of what covenants (if any) are in the deed itself, which is why buyers accepting a quitclaim deed should insist on a title policy.
Key Takeaways
- Quitclaim deeds carry no covenants; general warranty deeds carry six; special warranty deeds carry two limited to the grantor’s own acts.
- Present covenants (seisin, right to convey, against encumbrances) are breached at delivery and run only to the immediate grantee.
- Future covenants (quiet enjoyment, warranty, further assurances) are breached only upon disturbance and run with the land to remote grantees.
- A quitclaim deed anywhere in the chain of title cuts off warranty protection for everyone downstream.
- Deeds require the grantor’s signature and present intent to deliver; notarization is needed for recording, not for validity between the parties.
This article is educational and is not legal advice. Consult a licensed California attorney about your situation.