Exceptions to Conveyance and Warranty.

[Jack Deer]

I'm looking into buying a property, and while doing some title research, I noticed that the seller's "General Warranty Deed" says this:

Exceptions to Conveyance and Warranty:

Any and all liens, covenants, conditions, reservations or other matters affecting title to the real property. Easements or claims of easements which are not recorded in the public records of Dallas County [The property is not in Dallas County] or reservations of coal, lignite, Oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. Any encroachments. encumbrances, violations. variations or adverse circumstances affecting the title. Any portion of the property herein described which falls within the boundaries of a road or roadway

Grantor, for the Consideration and subject to Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever.

Then, following the metes and bounds, it says this:

The company is prohibited from insuring the area or quantity of the land described herein Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override item 2 of Schedule B hereof.

Am I right to be alarmed? Is his deed anything better than a quitclaim deed?

[Tom Gimer]

Whoever prepared that deed didn’t know what they were doing and also cut and pasted language from a title insurance commitment into it. As a buyer I would require a general warranty deed to start cleaning this up.