Full Text of SB2971 102nd General Assembly
SB2971 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2971 Introduced 12/15/2021, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
| 765 ILCS 5/8 | from Ch. 30, par. 7 |
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Amends the Conveyances Act. Provides that special warranty deeds may be made in a specified form. Provides that every deed in substance in the specified form shall be deemed and held a conveyance in fee simple, to the grantee and the grantee's heirs and assigns, with specified covenants on the part of the grantor.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Conveyances Act is amended by changing | 5 | | Section 8 as follows:
| 6 | | (765 ILCS 5/8) (from Ch. 30, par. 7)
| 7 | | Sec. 8. Warranty deed; encumbrances done or suffered from | 8 | | the
grantor. | 9 | | (a) In all deeds whereby any estate of inheritance in fee | 10 | | simple
shall hereafter be limited to the grantee and the | 11 | | grantee's his heirs, or other legal
representatives, the words | 12 | | "grant , " , "bargain" , and "sell , " shall be
adjudged an express | 13 | | covenant to the grantee, the grantee's his heirs, and other | 14 | | legal
representatives, to-wit: that the grantor was the owner | 15 | | of an indefeasible
estate in fee simple, free from | 16 | | encumbrances done or suffered from the
grantor, except the | 17 | | rents and services that may be reserved, and also for
quiet | 18 | | enjoyment against the grantor and the grantor's , his heirs | 19 | | and assigns unless
limited by express words contained in such | 20 | | deed; and the grantee, the grantee's his
heirs, executors, | 21 | | administrators , and assigns, may , in any action, assign
| 22 | | breaches, as if such covenants were expressly inserted ; | 23 | | provided : Provided ,
always, that this law shall not extend to |
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| 1 | | leases at rack-rent, or leases
not exceeding 21 years, where | 2 | | the actual possession goes
with the lease.
| 3 | | (b) Deeds made pursuant to this Section, sometimes | 4 | | referred to as special warranty deeds, may be substantially in | 5 | | the following form: | 6 | | The grantor (here insert the name or names and address of | 7 | | the grantor), for and in consideration of, (here insert | 8 | | consideration) hereby grants, bargains, sells, and conveys to | 9 | | the grantee all of the following described land and the | 10 | | improvements thereon situated in the County of . . . ., State | 11 | | of Illinois, legally described and known as follows: (insert | 12 | | legal description, common address, and permanent index number) | 13 | | together with all and singular the hereditaments and | 14 | | appurtenances thereto; to have and to hold the same, with the | 15 | | appurtenances thereto, forever, subject to the following | 16 | | matters: . . . .(insert known encumbrances). | 17 | | Dated (insert date) | 18 | | (signature of grantor or grantors) | 19 | | The names of the parties shall be typed or printed below | 20 | | the signatures. Such form shall have a blank space 3 and | 21 | | one-half inches by 3 and one-half inches for use by the | 22 | | recorder. However, the failure to comply with the requirement | 23 | | that the names of the parties be typed or printed below the | 24 | | signatures and that the form have a blank space 3 and one-half | 25 | | inches by 3 and one-half inches for use by the recorder shall | 26 | | not affect the validity or effect of such a form. |
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| 1 | | Every deed in substance in the above form, when otherwise | 2 | | duly executed, shall be deemed and held a conveyance in fee | 3 | | simple, to the grantee and the grantee's heirs and assigns, | 4 | | with covenants on the part of the grantor (1) that at the time | 5 | | of making and delivery of such a deed, the grantor was the | 6 | | lawful owner of an indefeasible estate in fee simple in and to | 7 | | the premises therein described and that the grantor had good | 8 | | right and full power to convey the same, (2) that the premises | 9 | | were free from encumbrances done or suffered by or through the | 10 | | grantor, except the rents and services that may be therein | 11 | | reserved, and (3) that the grantor will warrant and defend the | 12 | | premises against the lawful claims and demands of all persons | 13 | | claiming through the grantor but none other. | 14 | | (Source: P.A. 80-660.)
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