Illinois General Assembly - Full Text of SB0046
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Full Text of SB0046  102nd General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Conveyances Act is amended by changing
5Section 8 as follows:
6    (765 ILCS 5/8)  (from Ch. 30, par. 7)
7    Sec. 8. Warranty deed; encumbrances done or suffered from
8the grantor.
9    (a) In all deeds whereby any estate of inheritance in fee
10simple shall hereafter be limited to the grantee and his
11heirs, or other legal representatives, the words "grant,"
12"bargain" and "sell," shall be adjudged an express covenant to
13the grantee, his heirs, and other legal representatives,
14to-wit: that the grantor was the owner of an indefeasible
15estate in fee simple, free from encumbrances done or suffered
16from the grantor, except the rents and services that may be
17reserved, and also for quiet enjoyment against the grantor,
18his heirs and assigns unless limited by express words
19contained in such deed; and the grantee, his heirs, executors,
20administrators and assigns, may in any action, assign
21breaches, as if such covenants were expressly inserted:
22Provided, always, that this law shall not extend to leases at
23rack-rent, or leases not exceeding 21 years, where the actual



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1possession goes with the lease.
2    (b) Deeds made pursuant to this Section, sometimes
3referred to as special warranty deeds, may be substantially in
4the following form:
5    The grantor (here insert the name or names and address of
6the grantor) for and in consideration of (here insert
7consideration) hereby grants, bargains, sells, and conveys to
8the grantee all of the following described land and the
9improvements thereon situated in the County of . . . ., State
10of Illinois, legally described and known as follows: (insert
11legal description, common address, and permanent index number)
12together with all and singular the hereditaments and
13appurtenances thereto; to have and to hold the same, with the
14appurtenances thereto, forever, subject to the following
15matters: . . . .(insert known encumbrances).
16    Dated (insert date)
(signature of grantor or grantors)
18    The names of the parties shall be typed or printed below
19the signatures. Such form shall have a blank space 3 1/2 inches
20by 3 1/2 inches for use by the recorder. However, the failure
21to comply with the requirement that the names of the parties by
22typed or printed below the signatures and that the form have a
23blank space 3 1/2 inches by 3 1/2 inches for use by the
24recorder shall not affect the validity or effect of such a
26    Every deed in substance in the above form, when otherwise



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1duly executed, shall be deemed and held a conveyance in fee
2simple, to the grantee, his or her heirs and assigns, with
3covenants on the part of the grantor (1) that at the time of
4making and delivery of such a deed, the grantor was the lawful
5owner of an indefeasible estate in fee simple in and to the
6premises therein described and that grantor had good right and
7full power to convey the same, (2) that the premises were free
8from encumbrances done or suffered by or through the grantor,
9except the rents and services that may be therein reserved,
10and (3) that the grantor will warrant and defend the premises
11against the lawful claims and demands of all persons claiming
12through the grantor but none other.
13(Source: P.A. 80-660.)