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MARVIN MANDEL, Governor 257
REVISOR'S NOTE: This section presently appears as
Art. 21, §5-104 of the Code. The phrase "deed
conveying property" is proposed for deletion
as unnecessary in light of the definition of
"deed" in §1-101(c).
New language is added to indicate that this
covenant creates a rebuttable presumption.
The phrase "his heirs, devisees, personal
representatives, assigns, etc." is proposed
for deletion in this and subsequent sections
because the provisions of §1—103 render the
phrase unnecessary.
The only other changes are in style.
2-105. EFFECT OF GENERAL WARRANTY.
A COVENANT BY THE GRANTOR IN A DEED, "THAT HE WILL
WARRANT GENERALLY THE PROPERTY HEREBY GRANTED," HAS THE
SAME EFFECT AS IF THE GRANTOR HAD COVENANTED THAT HE WILL
WARRANT FOREVER THE PROPERTY TO THE GRANTEE AGAINST EVERY
LAWFUL CLAIM AND DEMAND OF ANY PERSON.
REVISOR'S NOTE: This section presently appears as
Art. 21, §5-105 of the Code. The phrase "deed
conveying property" is proposed for deletion
as unnecessary in light of the definition of
"deed11 in §1—101(c). The word "conveyed" is
proposed for deletion in light of the
definition of "grant" in §1-101(e). This
revision, however, is not intended to prohibit
the use of "conveyed" in a fora. The phrase
"his heirs, devisees, and personal
representatives" is proposed for deletion as
unnecessary in light of §1—103. The only
other changes are in style.
2-106. EFFECT OF SPECIAL WARRANTY.
A COVENANT BY A GRANTOR IN A DEED, "THAT HE WILL
WARRANT SPECIALLY THE PROPERTY HEREBY GRANTED," HAS THE
SAME EFFECT AS IF THE GRANTOR HAD COVENANTED THAT HE WILL
WARRANT FOREVER AND DEFEND THE PROPERTY TO THE GRANTEE
AGAINST ANY LAWFUL CLAIM AND DEMAND OF THE GRANTOR AND
EVERY PERSON CLAIMING OR TO CLAIM BY, THROUGH, OR UNDER
HIM.
REVISOR'S NOTE: This section presently appears as
Art. 21, §5—106 of the Code. The phrase
"conveying property" is proposed for deletion
as superfluous in light of the definition of
"deed" in §1—101(c). The word "conveyed" is
proposed for deletion in light of the
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