If a custom in an area interprets a deed as a warranty deed, what is the likely court interpretation if it's unclear what the grantor meant?

In scenarios where there is ambiguity surrounding the intent of the grantor in a deed, courts often rely on prevailing local customs and norms to make interpretations. If a local custom dictates that deeds are understood as warranty deeds unless specified otherwise, the court is likely to align its interpretation with that custom. This is because warranty deeds provide a higher level of security for the grantee, ensuring that the grantor has clear title to the property and that they will be responsible for any claims against the title that may arise.

Thus, when a custom strongly favors the interpretation of the deed as a warranty deed, the court is inclined to affirm that interpretation. This serves to protect the interests of the grantees who rely on the assurances typically provided by a warranty deed concerning title security.

In contrast, other options like interpreting it as a quitclaim deed or not providing any interpretation do not align with the established custom of interpreting deeds in the area. Additionally, asking for additional evidence before interpreting could delay the resolution and undermine the reliability of the customary interpretation, which emphasizes the importance of adhering to commonly accepted practices in real estate transactions.