Covenants for TITLE (real estate conveyances) Flashcards
Standard Warranty Deed 6 pack
o Seisin o Right to convey o Against encumbrances o Further assurances o Quiet enjoyment o Warranty
present warranties
o Seisin
o Right to convey
o Against encumbrances
Future warranties
o Further assurances
o Quiet enjoyment
o Warranty
when are present warranties breached?
at conveyance
when are future warranties breached?
at eviction
when does the SOL run for present warranties?
from time of conveyance
when does SOL run for future warranties?
from the time of breach
-can be centuries in future
Warranty of Seisin promises what?
-that the grantor is seized of the land
(not same as asserting title to estate)
-only addresses being seized of Land
a trespasser in possession
satisfies being seized of land
seized of land does not meant ___ __ ___?
seized of estate (is diff)
Warranty Against Encumbrances is breached by….?
- pecuniary charges (mortg’s & liens)
- estate to which the premises are subj which are not FEE estates (life estates & leases)
- -easements & servitudes to which premises are subject
- an encumbrance
encumbrance
“is any right to or interest in the land, subsisting in a 3rd person, to the diminution of the value of the land, though consistent w/ the passing of the fee by conveyance.”
W of Quiet Enjoyment
Promises: that grantee will not be evicted from possession
W of Further Assurances
Promises: grantor will execute any documents needed in the future to perfect title
W of Warranty
• Usu. synoymn for quiet enjoyment
