In a general warranty deed, from when does the statute of limitations for present warranties run?

Unlock all questions

This demo includes only 20 questions. Upgrade to access hundreds of questions, flashcards, exam simulations, and disable ads.

Full question bankExam simulationsFlashcards
From $25.99Unlock all

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

In a general warranty deed, from when does the statute of limitations for present warranties run?

Explanation:
Present covenants in a general warranty deed exist at the moment of conveyance. The clock for the statute of limitations on those present warranties starts when the deed is delivered to the grantee, because any breach (such as lacking title or having an encumbrance) is determined at that moment. Recording later or the grantor’s death don’t reset or affect the accrual. (Future covenants, by contrast, are often tied to breach or discovery rather than delivery.) So the limitations period runs from the delivery date of the deed.

Present covenants in a general warranty deed exist at the moment of conveyance. The clock for the statute of limitations on those present warranties starts when the deed is delivered to the grantee, because any breach (such as lacking title or having an encumbrance) is determined at that moment. Recording later or the grantor’s death don’t reset or affect the accrual. (Future covenants, by contrast, are often tied to breach or discovery rather than delivery.) So the limitations period runs from the delivery date of the deed.

More Multiple Choice Questions
Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy