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Public Act 102-0927


 

Public Act 0927 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0927
 
HB4270 EnrolledLRB102 18838 LNS 27549 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Conveyances Act is amended by changing
Section 8 as follows:
 
    (765 ILCS 5/8)  (from Ch. 30, par. 7)
    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
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
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.
    (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
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
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.)

Effective Date: 1/1/2023