Covenants of General Warranty Deed

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Covenant for Quiet Enjoyment (f)

grantee will not be disturbed by third party's lawful claim of title

2) Covenant of Right to Convey (p)

grantor promises he has the right to make conveyance, and there are no present restraints on ability to sell

1) Covenant of Seisin (p)

grantor promises he owns the estate he claims to convey

Covenant of Warranty (f)

grantor promises to defend grantee should there be any third party claim of title

Covenant for Further Assurances (f)

grantor promises to perform whatever future acts are reasonably necessary to perfect the grantee's title if it later turns out to be imperfect

When are future covenants breached?

Future Covenants are not breached, if ever, until grantee is disturbed while in possession of the land

When are present covenants breached?

Present Covenants are breached, if ever, at the time of delivery

Implied Covenant of Quality (f)

a subsequent purchaser of property may recover from one performing defective contractor services for the prior owner if the work contained latent defects not apparent at the time of purchase

3) Covenant Against Encumbrances (p)

promises there are no servitudes or mortgages on land


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