Full Text of HB4270 102nd General Assembly
HB4270 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4270 Introduced 1/5/2022, by Rep. Steven Reick 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, his or her 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 his | 11 | | heirs, or other legal
representatives, the words "grant," | 12 | | "bargain" and "sell," shall be
adjudged an express covenant to | 13 | | the grantee, his heirs, and other legal
representatives, | 14 | | to-wit: that the grantor was the owner of an indefeasible
| 15 | | estate in fee simple, free from encumbrances done or suffered | 16 | | from the
grantor, except the rents and services that may be | 17 | | reserved, and also for
quiet enjoyment against the grantor, | 18 | | his heirs and assigns unless
limited by express words | 19 | | contained in such deed; and the grantee, his
heirs, executors, | 20 | | administrators and assigns, may in any action, assign
| 21 | | breaches, as if such covenants were expressly inserted: | 22 | | Provided,
always, that this law shall not extend to leases at | 23 | | rack-rent, or leases
not exceeding 21 years, where the actual |
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| 1 | | possession goes
with the lease.
| 2 | | (b) Deeds made pursuant to this Section, sometimes | 3 | | referred to as special warranty deeds, may be substantially in | 4 | | the following form: | 5 | | The grantor (here insert the name or names and address of | 6 | | the grantor), for and in consideration of (here insert | 7 | | consideration), hereby grants, bargains, sells, and conveys to | 8 | | the grantee all of the following described land and the | 9 | | improvements thereon situated in the County of . . . ., State | 10 | | of Illinois, legally described and known as follows: (insert | 11 | | legal description, common address, and permanent index number) | 12 | | together with all and singular the hereditaments and | 13 | | appurtenances thereto; to have and to hold the same, with the | 14 | | appurtenances thereto, forever, subject to the following | 15 | | matters: . . . .(insert known encumbrances). | 16 | | Dated (insert date) | 17 | | (signature of grantor or grantors) | 18 | | The names of the parties shall be typed or printed below | 19 | | the signatures. Such form shall have a blank space 3 and | 20 | | one-half inches by 3 and one-half inches for use by the | 21 | | recorder. However, the failure to comply with the requirement | 22 | | that the names of the parties be typed or printed below the | 23 | | signatures and that the form have a blank space 3 and one-half | 24 | | inches by 3 and one-half inches for use by the recorder shall | 25 | | not affect the validity or effect of such a form. | 26 | | Every deed in substance in the above form, when otherwise |
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| 1 | | duly executed, shall be deemed and held a conveyance in fee | 2 | | simple, to the grantee, his or her heirs and assigns, with | 3 | | covenants on the part of the grantor (1) that at the time of | 4 | | making and delivery of such a deed, the grantor was the lawful | 5 | | owner of an indefeasible estate in fee simple in and to the | 6 | | premises therein described and that grantor had good right and | 7 | | full power to convey the same, (2) that the premises were free | 8 | | from encumbrances done or suffered by or through the grantor, | 9 | | except the rents and services that may be therein reserved, | 10 | | and (3) that the grantor will warrant and defend the premises | 11 | | against the lawful claims and demands of all persons claiming | 12 | | through the grantor but none other. | 13 | | (Source: P.A. 80-660.)
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