Question 90

A special warranty deed should be used to convey title.

A special warranty deed is appropriate in this situation because it allows Person A to convey the title to Person B while limiting the warranty of the title to only the period during which Person A owned the property. This means that Person A does not guarantee against defects that may have existed prior to their ownership.

A) a warranty deed

A warranty deed provides the highest level of protection to the buyer because it guarantees that the seller holds clear title to the property and will defend it against any claims. Since Person A cannot guarantee the title against any possible defects prior to ownership, a warranty deed would not be suitable.

B) a special warranty deed

A special warranty deed is the correct choice because it conveys the title while only warranting that the title is free from defects during Person A's ownership. This aligns perfectly with the context that Person A cannot guarantee against any prior defects, making it the appropriate instrument for this conveyance.

C) an estoppel certificate

An estoppel certificate is not a deed but rather a document used primarily in lease agreements that confirms the terms of an existing lease. It does not convey title or provide any warranty regarding the ownership of property, making it irrelevant in this scenario.

D) a writ of execution

A writ of execution is a legal order issued by a court to enforce a judgment, typically related to the seizure of property to satisfy a debt. It does not serve as a means to convey title and therefore is not applicable in this context.

Conclusion

The special warranty deed is the most suitable instrument for Person A to convey the title to Person B without assuming liability for any defects that existed prior to their ownership. The other options either provide too much warranty, do not apply to title transfer, or are irrelevant to the situation, confirming that B is the definitive correct answer.