On A Deed, Under Exceptions To Conveyance And Warranty, What Does “All Presently Recorded Instruments, Other Than Liens And Conveyances That Affect The Property” Mean?

Depending on the type of deed you received, the seller probably made certain promises (“warranties”) to you about the condition of title to the property. Recorded instruments, like easements, covenants or liens for example, may violate those promises/warranties. If there is a violation of the promise/warranty, you would have a claim against the sellers. So this language is supposed to mean that any recorded instruments will not violate the warranties; that the sellers are protected from a breach of warranty claim if the claim arises from a recorded instrument. But there is some case law in Washington that says this language may not be adequate to protect the seller from a breach of warranty claim.

Whether you have to honor all previously recorded reservations and exceptions is a separate issue, and generally speaking, yes you have to honor them.

Douglas N. Kiger, Attorney at Law

Blado Kiger Bolan, Tacoma, Wash.

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