Themis Essay 5394 Flashcards
Covenants of Title
A general warranty constitutes that the grantor, their heirs and personal representatives, will
forever warrant and defend such property unto the grantee, their heirs, personal representatives and assigns, against the claims and demands of any persons.
A special warranty constitutes a covenant by the grantor that
no defect of title occurred during their ownership of the property.
A general warranty covers not only the time the grantor owned the property, but
also covers all preceding periods of ownership of the property.
The words “with English covenants of title” in the granting of a deed mean
that the six covenants of title apply.
Virginia statutorily denominates the covenant of quiet enjoyment as the covenant of quiet possession, and
treats that covenant and the covenant of warranty as functional and legal equivalents.
The three present covenants of title are
the covenant of seisin, the covenant of the right to convey, and the covenant against encumbrances.
The covenant of seisin warrants that
the grantor owns the land as it is described in the deed.
The covenant of the right to convey guarantees that
the grantor has the right to transfer title.
The covenant against encumbrances guarantees that
the deed contains no undisclosed encumbrances.
Breach of the present covenants occurs, if at all,
at the time of the conveyance.
In Virginia, the three future covenants of title are
the covenants of quiet possession, warranty, and further assurances.
The covenant of quiet possession guarantees that
the grantee’s possession will not be interfered with by a third party’s claim for title.
The covenant of warranty guarantees that
the grantor will defend against a third party’s claim for title.
The covenant of further assurances guarantees that
the grantor will do whatever is necessary to perfect title should it turn out to be defective.
Breach of the future covenants occurs, if at all,
only upon interference with possession by a third party.
