Property

Question 1

Present Covenants

Answer 1

1. Seisen - I own the land
2. Right to Convey - I have title to the land
3. Against Encumbrances - nothing that would decrease value

Question 2

Future Covenants

Answer 2

1. Warranty - I will defend against superior title
2. Quiet Enjoyment - No one has superior title
   Further Assurances - I will take future action to clear title

Question 3

What is required to enforce covenant at law?

Answer 3

1. Intent to run with land
2. Horizontal and Vertical privity
3. Covenant touches and concerns property
4. Burdened party has notice of covenant

Question 4

What is the doctrine of caveat emptor?

Answer 4

CL rule that states builders give no implied warranties as to the condition of a premises.

Question 5

What does a builder’s implied warranty of habitability cover?

Answer 5

Latent defects (basically, any major defect. Does not have to render the premises uninhabitable). Covers future buyers in SOME jurisdictions.

Question 6

Constructive Eviction

Answer 6

Occurs when LL’s breach of duty renders the premises unsuitable for occupancy.
1. LL breached a duty to tenant
2. Breach caused loss of substantial use or enjoyment of property
3. tenant gave LL adequate notice and opportunity to repair
4. Tenant vacated the leased premises

Question 7

What does constructive eviction fall under?

Answer 7

the covenant of quiet enjoyment and it is considered a defense to ending a lease early..

Question 8

What counts as delivery of a deed?

Answer 8

Physical delivery or recording a deed that has been notarized