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2013 -- H 5433 | |
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LC01092 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO PROPERTY - FORM AND EFFECT OF CONVEYANCES | |
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Introduced By: Representative Donald J. Lally | |
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Date Introduced: February 13, 2013 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 34-11 of the General Laws entitled "Form and Effect of |
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Conveyances" are hereby amended by adding thereto the following sections: |
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34-11-43. Effect of special warranty deed. – A deed entitled “special warranty deed” |
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shall, when duly executed, have the force and effect of a deed in fee simple to the grantee and his |
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or her heirs and assigns, to his, her and their own use, with covenants on the part of the grantor, |
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for himself or herself and for his or her heirs, executors and administrators, with the grantee and |
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his or her heirs and assigns, that he or she will, and his or her heirs, executors and administrators |
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shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns |
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forever against the lawful claims and demands of all persons claiming by, through or under the |
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grantor. |
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34-11-44. Meaning of special warranty covenants. – In any deed of conveyance of real |
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estate, the use of the words “special warranty” in the title of said deed, and/or use of the words |
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“special warranty covenants” in the body of said deed shall have the full force, meaning, and |
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effect of the following words: “The grantor, for himself or herself and for his or her heirs, |
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executors and administrators, covenants with the grantee and his or her heirs and assigns, that he |
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or she will, and his or her heirs, executors and administrators shall, warrant and defend the |
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granted premises to the grantee and his or her heirs and assigns forever against the lawful claims |
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and demands of all persons claiming, by, through or under the grantor.” |
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SECTION 2. This act shall take effect upon passage and shall apply to all deeds with the |
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words “special warranty” in their title and/or the words “special warranty covenants” in the body |
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thereof, recorded prior to and subsequent to passage of this act. |
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LC01092 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO PROPERTY - FORM AND EFFECT OF CONVEYANCES | |
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This act would allow for the use of the terms “special warranty deed” and “special |
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warranty covenants” in any deed of conveyance, whereby the grantor will warrant and defend the |
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granted premises to the grantee forever against lawful claims. |
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This act would take effect upon passage and would apply to all deeds with the words |
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“special warranty” in the title and/or “special warranty covenants” in the body thereof, recorded |
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prior to and subsequent to passage of this act. |
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LC01092 | |
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