Legal Definitions - warrantizare

Warrantizare is a historical legal term that refers to the act of formally promising or guaranteeing, typically within a legal document transferring property (like a deed of conveyance), to defend the buyer's (known as the grantee's) ownership rights and physical possession of that property against any future claims or challenges.

Essentially, when a seller "warrantizared" a title, they were making a solemn commitment to protect the buyer if someone else later claimed to have a better right to the land or disputed the buyer's right to occupy it. This term is no longer in common legal use, having been replaced by more modern forms of title warranties and insurance.

Here are a few examples to illustrate this historical concept:

• Medieval Land Sale: Imagine a scenario in 14th-century England where Lord Ashworth sells a large manor and its surrounding lands to Sir Reginald. In the formal deed of conveyance, Lord Ashworth would have "warrantizared" Sir Reginald's title. This meant that if, at a later date, a rival noble or a distant relative of Lord Ashworth emerged claiming a prior right to the manor, Lord Ashworth would be legally obligated to use his resources and influence to defend Sir Reginald's ownership and his right to possess the property.

• Colonial America Land Grant: Consider a situation in 17th-century colonial Virginia where a wealthy merchant, Mr. Davies, purchases a significant tract of undeveloped land from the colonial government. The official grant document from the government would have effectively "warrantizared" Mr. Davies's title. If, years later, another colonist or even a representative of the Crown disputed Mr. Davies's right to the land, the colonial government would have been bound by this historical promise to defend Mr. Davies's ownership and his right to develop and possess the property.

• Ancestral Estate Transfer: Picture a 16th-century Scottish clan, the MacGregors, selling their historic castle and its surrounding lands to the Campbell family. The formal agreement for the sale would have contained a provision where the MacGregor clan, as the sellers, would "warrantizare" the Campbell family's title. This meant that if a long-lost branch of the MacGregor family or another clan later challenged the Campbells' ownership or right to occupy the castle, the selling MacGregor clan would have had a legal duty to defend the Campbells' title and possession, potentially through legal means or even by force, depending on the customs of the time.