What was the first conveyance instrument in the American Colonies that required the seller to warranty statements regarding the title in writing?

The warranty deed is recognized as the first conveyance instrument in the American Colonies that mandated the seller to provide warranties regarding the title in a written format. This legal document serves a crucial role in real estate transactions by ensuring that the seller guarantees clear title to the property, meaning that there are no undisclosed claims or liens against it.

The warranty deed typically includes specific promises, or covenants, from the seller to the buyer. These may include the covenant of seisin, assurance that the seller is the rightful owner; the covenant against encumbrances, affirming that the property is free from liens; and the covenant of quiet enjoyment, which ensures that the buyer will not be disturbed in their possession of the property.

The prominence of the warranty deed in America can be attributed to its protective nature for the buyer, providing a clear legal recourse should any title issues arise post-sale. This focus on written warranties set it apart from other conveyance documents used prior in earlier colonization practices, subsequently establishing it as a standard instrument within the American legal system.

In contrast, instruments like the title commitment or abstract of title serve different functions, with title commitments primarily providing a promise from a title insurer to issue a title insurance policy, and abstracts summar