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| Public Act 102-0927 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Conveyances Act is amended by changing | ||||
Section 8 as follows:
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(765 ILCS 5/8) (from Ch. 30, par. 7)
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Sec. 8. Warranty deed; encumbrances done or suffered from | ||||
the
grantor. | ||||
(a) In all deeds whereby any estate of inheritance in fee | ||||
simple
shall hereafter be limited to the grantee and his | ||||
heirs, or other legal
representatives, the words "grant," | ||||
"bargain" and "sell," shall be
adjudged an express covenant to | ||||
the grantee, his heirs, and other legal
representatives, | ||||
to-wit: that the grantor was the owner of an indefeasible
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estate in fee simple, free from encumbrances done or suffered | ||||
from the
grantor, except the rents and services that may be | ||||
reserved, and also for
quiet enjoyment against the grantor, | ||||
his heirs and assigns unless
limited by express words | ||||
contained in such deed; and the grantee, his
heirs, executors, | ||||
administrators and assigns, may in any action, assign
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breaches, as if such covenants were expressly inserted: | ||||
Provided,
always, that this law shall not extend to leases at | ||||
rack-rent, or leases
not exceeding 21 years, where the actual | ||||
possession goes
with the lease.
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(b) Deeds made pursuant to this Section, sometimes | ||
referred to as special warranty deeds, may be substantially in | ||
the following form: | ||
The grantor (here insert the name or names and address of | ||
the grantor), for and in consideration of (here insert | ||
consideration), hereby grants, bargains, sells, and conveys to | ||
the grantee all of the following described land and the | ||
improvements thereon situated in the County of . . . ., State | ||
of Illinois, legally described and known as follows: (insert | ||
legal description, common address, and permanent index number) | ||
together with all and singular the hereditaments and | ||
appurtenances thereto; to have and to hold the same, with the | ||
appurtenances thereto, forever, subject to the following | ||
matters: . . . .(insert known encumbrances). | ||
Dated (insert date) | ||
(signature of grantor or grantors) | ||
The names of the parties shall be typed or printed below
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the signatures. Such form shall have a blank space 3 inches by | ||
5 inches for use by the
recorder. However, the failure to | ||
comply with the requirement
that the names of the parties be | ||
typed or printed below the
signatures and that the form have a | ||
blank space 3 inches by 5 inches for use by the recorder shall
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not affect the validity or effect of such a form. | ||
Every deed in substance in the above form, when otherwise | ||
duly executed, shall be deemed and held a conveyance in fee | ||
simple, to the grantee, his or her heirs and assigns, with | ||
covenants on the part of the grantor (1) that at the time of | ||
making and delivery of such a deed, the grantor was the lawful | ||
owner of an indefeasible estate in fee simple in and to the | ||
premises therein described and that grantor had good right and | ||
full power to convey the same, (2) that the premises were free | ||
from encumbrances done or suffered by or through the grantor, | ||
except the rents and services that may be therein reserved, | ||
and (3) that the grantor will warrant and defend the premises | ||
against the lawful claims and demands of all persons claiming | ||
through the grantor but none other. | ||
(Source: P.A. 80-660.)
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