Maine Real Estate License Practice Exam

Which type of deed includes a guarantee of quiet enjoyment?

1. General Warranty Deed

2. Deed of Trust

3. Fiduciary Deed

4. Quit Claim Deed

The correct answer is: General Warranty Deed

A General Warranty Deed provides the highest level of protection to the grantee. It guarantees not only that the granter holds clear title to the property but also that the title will remain clear throughout their ownership. This means that the seller promises the buyer that they will not face any claims against the property from other parties, ensuring the buyer's right to quiet enjoyment. The phrase "quiet enjoyment" refers to the right of a property owner to use and enjoy their property without interference or disturbance from others. In contrast, a Deed of Trust primarily acts as a security instrument in financing rather than a transfer of title, thus lacking the guarantees associated with ownership. A Fiduciary Deed may convey property but does not typically extend the same level of warranty as a general warranty deed. A Quit Claim Deed simply transfers whatever interest the grantor has in the property without providing any warranties or guarantees, meaning there is no assurance of clear title or quiet enjoyment. This makes the General Warranty Deed the most comprehensive option for those seeking assurance of their property rights.