Legal Definitions - real warrandice

Definition: Real warrandice is a legal term used in Scots law. It refers to an obligation by which certain lands are made over as security for lands conveyed to the grantee. If the grantee is evicted from the conveyed lands by a third party, the lands made over as security will be transferred to the grantee.

Real warrandice is a type of indemnity that protects the grantee or buyer of land if another person establishes a superior title and takes possession. It is different from personal warrandice, which is an obligation to indemnify that binds the grantor and the grantor's heirs.

• John buys a piece of land from Mary and Mary provides real warrandice. Later, it is discovered that the land actually belongs to someone else and John is evicted. Mary must transfer the lands made over as security to John.
• Real warrandice is often used in property transactions to provide additional security to the buyer. It ensures that the buyer will not lose their investment if someone else claims ownership of the property.

These examples illustrate how real warrandice works in practice. It is a legal mechanism that provides protection to buyers of land in Scotland, ensuring that they are not left out of pocket if someone else claims ownership of the property.