Illinois Amends Conveyances Act to Provide Form of Executing Special Warranty Deeds

This past May, the Illinois Legislature passed an amendment to Section 8 of the Conveyances Act to provide a form of executing a special warranty deed. Every deed made in the form provided in this amendment will be “deemed and held a conveyance in fee simple, to the grantee, his or her heirs and assigns, with covenants on the part of the grantor (1) that at the time of making and delivery of such a deed, the grantor was the lawful owner of an indefeasible estate in fee simple in and to the premises therein described and that grantor had good right and full power to convey the same, (2) that the premises were free from encumbrances done or suffered by or through the grantor, except the rents and services that may be therein reserved, and (3) that the grantor will warrant and defend the premises against the lawful claims and demands of all persons claiming through the grantor but none other.”

The amendment is effective January 1, 2023.