Land conveyancing

Question 1

2 implied promises in every land K

Answer 1

1) S promises to provide marketable title at closing

2) S promises not to make any false statements of material fact

Question 2

Does the land K contain implied warranties of fitness or habitability?

Answer 2

NO

Question 3

General warranty deed

Answer 3

present warranties- breached at delivery

1) covenant of seisin
2) covenant of right to convey
3) covenant against encumbrances

future warranties- breached when possession disturbed (enforceable by future grantees against original grantor; run w/ land)

4) covenant for quiet enjoyment
5) covenant of warranty
6) covenant for further assurances

Question 4

general W deed: covenant of seisin

Answer 4

grantor owns this estate

must have title and possession at time of grant

Question 5

general W deed: covenant of right to convey

Answer 5

grantor has power to transfer

Question 6

general W deed: covenant against encumbranches

Answer 6

no servitudes or mortgages on Blackacre

Question 7

general W deed: covenant for quiet enjoyment

Answer 7

grantee won’t be disturbed in possession by 3rd party’s lawful claim of title

(didn’t convey title to others)

Question 8

general W deed: covenant of warranty

Answer 8

grantor will defend grantee against any lawful title claims asserted by others

Question 9

general W deed: covenant for further assurances

Answer 9

grantor will do whatever is needed in the future to perfect the title if it turns out to be imperfect