Maine Revised Statutes

Me. Rev. Stat. tit. 33, § 764 (2026)

Warranty covenants

✓ current as of May 2026
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In a conveyance of real estate the words "warranty covenants" shall have the full force, meaning and effect of the following words: "The grantor covenants with the said grantee, his heirs and assigns that he is lawfully seized in fee of the premises, that they are free of all encumbrances, that he had good right to sell and convey the same to the said grantee to hold as aforesaid, and that he and his heirs shall and will warrant and defend the same to the said grantee, his heirs and assigns forever, against the lawful claims and demands of all persons."   [PL 1967, c. 377 (NEW).]
SECTION HISTORY
PL 1967, c. 377 (NEW).
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2006–2023 · leading case: Lloyd v. Est. of Robbins, 2010 ME 59 (Me. 2010).
Lloyd v. Est. of Robbins, 2010 ME 59 (Me. 2010). “Title 33 M.R.S. § 764, the section of the Act governing warranty deeds, states: § 764.”
Steven Kneizys v. Fed. Deposit Ins. Corp. et al., 2023 ME 20 (Me. 2023). “2007), with the short form warranty deed provided in section 775, the Legislature kept the same deed structure but simplified the 13 language, condensing paragraphs of complicated language into short defined phrases, see 33 M.”
Lloyd v. Est. of Annabelle E. Robbins (Me. Super. Ct 2009). · cites it 5× “plaintiffs argue that no statute of limitations applies because the word "forever" in 33 M.R.S. § 764 indicates that no statute of limitations applies.”
Spydell v. Pushard (Me. Super. Ct 2006). · cites it 2× “See 33 M.R.S.A. § 764. Accordingly, any declaration by the court that there exists a controversy over the marketability of Plaintiffs' title does not, without greater specificity, implicate Defendant.”
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