Covenants in General Warranty Deed Flashcards
1
Q
What are the usual covenants for title contained in a general warranty deed?
A
- Covenant of Seisin
- Covenant of Right to Convey
- Covenant Against Encumbrances
- *Covenant for Quiet Enjoyment
- *Covenant of Warranty
- Covenant of Further Assurances
*Generally considered to be similar covenants for title.
2
Q
What are the present covenants for title?
A
- Seisin
- Right to Convey
- Against Encumbrances
3
Q
What are the future covenants for title?
A
- Quiet Enjoyment
- Warranty
- Further Assurances
4
Q
What is the covenant of seisin?
A
- Grantor covenants that she has the estate she purports to convey. She must have both title and possession at the time of the grant.
- A present covenant; breached, if at all, at the time of conveyance.
5
Q
What is the covenant of right to convey?
A
- Grantor covenants that she has the authority to make the grant. Title alone will satisfy this covenant.
- A present covenant; breached, if at all, at the time of conveyance.
6
Q
What is the covenant against encumbrances?
A
- Grantor covenants against the existence of physical (e.g., encroachments) or title (e.g., mortgage) encumbrances.
- A present covenant; breached, if at all, at the time of conveyance.
7
Q
What is the covenant for quiet enjoyment?
A
- Grantor covenants that the grantee will not be disturbed in possession by a third party’s lawful claim of title.
- A future covenant; breached only upon disturbance of the grantee’s possession.
8
Q
What is the covenant of warranty?
A
- Grantor agrees to defend against reasonable claims of title by a third party, and to compensate the grantee for any loss sustained by the claim of superior title.
- A future covenant; breached only upon disturbance of the grantee’s possession.
9
Q
What is the covenant for further assurances?
A
- Grantor promises to perform acts reasonably necessary to perfect title conveyed.
- A future covenant; breached only upon disturbance of the grantee’s possession.
10
Q
Can a present covenant be enforced by remote grantees?
A
No, however future covenants run with the grantee’s estate so a remote grantee can enforce a future covenant.
