Warranties of Title Flashcards

1
Q

Warranty Deed- 6 Express Covenants

Present Covenants

A

​Present Covenants

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Covenant of seisin- grantor warrants that he owns the estate that he purports to convey

  1. Covenant of right to convey- grantor warrants that he has the right to convey the property
  2. Covenant against encumbrances- grantor warrants that there are no encumbrances on the property (liens, mortgages, etc.)

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2
Q

Warranty Deed- 6 Express Covenants

Future Covenants

A

Future Covenants

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Covenant of general warranty- grantor warrants that he will defend against lawful claims and will compensate grantee for any loss that may sustain by assertion of superior title

  1. Covenant of quite enjoyment- grantor warrants that the grantee will not be disturbed in the enjoyment or possession of the property by assertion of superior title Brown- absent interference with right to possess, not constructive eviction
  2. Covenant of further assurances- granted promises that he will execute any other documents required to perfect the title conveyed.

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