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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

    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.


LRB102 22569 LNS 31710 b

 

 

A BILL FOR

 

SB2971LRB102 22569 LNS 31710 b

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 the
11grantee's his heirs, or other legal representatives, the words
12"grant,", "bargain", and "sell," shall be adjudged an express
13covenant to the grantee, the grantee's his heirs, and other
14legal representatives, to-wit: that the grantor was the owner
15of an indefeasible estate in fee simple, free from
16encumbrances done or suffered from the grantor, except the
17rents and services that may be reserved, and also for quiet
18enjoyment against the grantor and the grantor's , his heirs
19and assigns unless limited by express words contained in such
20deed; and the grantee, the grantee's his heirs, executors,
21administrators, and assigns, may, in any action, assign
22breaches, as if such covenants were expressly inserted;
23provided : Provided, always, that this law shall not extend to

 

 

SB2971- 2 -LRB102 22569 LNS 31710 b

1leases at rack-rent, or leases not exceeding 21 years, where
2the actual possession goes with the lease.
3    (b) Deeds made pursuant to this Section, sometimes
4referred to as special warranty deeds, may be substantially in
5the following form:
6    The grantor (here insert the name or names and address of
7the grantor), for and in consideration of, (here insert
8consideration) hereby grants, bargains, sells, and conveys to
9the grantee all of the following described land and the
10improvements thereon situated in the County of . . . ., State
11of Illinois, legally described and known as follows: (insert
12legal description, common address, and permanent index number)
13together with all and singular the hereditaments and
14appurtenances thereto; to have and to hold the same, with the
15appurtenances thereto, forever, subject to the following
16matters: . . . .(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
20the signatures. Such form shall have a blank space 3 and
21one-half inches by 3 and one-half inches for use by the
22recorder. However, the failure to comply with the requirement
23that the names of the parties be typed or printed below the
24signatures and that the form have a blank space 3 and one-half
25inches by 3 and one-half inches for use by the recorder shall
26not affect the validity or effect of such a form.

 

 

SB2971- 3 -LRB102 22569 LNS 31710 b

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