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STUVIA 2024/2025
1. Social Science
2. Law
3. Civil Law
MBE REAL PROPERTY
Terms in this set (119)
Original
DEEDS
1) QUITCLAIM DEED
2) WARRANTY DEED
QUITCLAIM DEED
Grantor makes no covenant (promise) that his title is good
(he merely passes on to the grantee whatever title he in fact has)
WARRANTY DEED-
the grantor makes one or more promises about the state of the title
· COVENANTS WITHIN THE WARRANTY DEED
o 1) Covenant of Seisin
o 2) Covenant Against Encumbrances
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o 3) Covenant of Quiet Enjoyment
o 4) Covenant of Warranty
o 5) Right to Convey
o 6) Covenant of Further Assurances
· COVENANTS WITHIN THE WARRANTY DEED
1) Covenant of Seisin
- Grantor represents they own and have the right to convey the property (rightful owner)
- meaning the grantor is warranting that he holds the type of estate which he purports to convey
-A promise that the owner says what he says he owns
COVENANTS WITHIN THE WARRANTY DEED
1) Covenant of Seisin
· These covenants may be breached if the grantor purported to convey a fee simple absolute, but
actually only owned and conveyed a fee simple subject to condition subsequent or a something else
COVENANTS WITHIN THE WARRANTY DEED
2) Covenant Against Encumbrances:
- A promise that there are no encumbrances against the property, that is, no impediments to title
which do not affect the fee simple but which diminish the value of the land
-Not encumbered by any other interests in the property
- An encumbrance is a claim against an asset by an entity that is not the owner.
COVENANTS WITHIN THE WARRANTY DEED
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2) Covenant Against Encumbrances:
· Common types of encumbrances against real property
include liens, easements, leases, mortgages, or restrictive covenants.
____________ impact the transferability and/or use of subjected properties.
EXAMPLE: if a grantor purported a deed that had a covenant against encumbrances but the property
had any of the above --> breach of contract
COVENANTS WITHIN THE WARRANTY DEED
3) Covenant of Quiet Enjoyment
Promise by the grantor that no one with superior title will seek an eviction
an assurance that the buyer's right to possession will not be impacted by a third party's legal claim to
title.
This is basically a promise that no one is going to come along and foreclose on the property or evict
the buyer.
COVENANTS WITHIN THE WARRANTY DEED
4) Covenant of Warranty
Promise by Grantor to stand behind title and indemnify future holders if the title should fail
· This future covenant is a promise that the grantor will defend against any title claims from third
parties –
if there's a problem it's up to the grantor or seller to sort it out.
· the grantor also promises to compensate the buyer for any losses she might incur as a result of any
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third-party claim.
COVENANTS WITHIN THE WARRANTY DEED
4) Covenant of Warranty
Grantor would only be liable to defend or reimburse for a reasonable claim to title
COVENANTS WITHIN THE WARRANTY DEED
4) Covenant of Warranty
· If the Grantor conveyed good title and did not fail to defend against any valid claims that existed
at the time of conveyance, the grantor should prevail
EXAMPLE: went to trial against third party who claimed had trial, won on her own --> Aka means that
the grantor gave her the title they promised bc it obvs didnt belong to anyone else
COVENANTS WITHIN THE WARRANTY DEED
Covenant of Quiet Enjoyment & Warranty
Represent a continuing contract by the grantor that the grantee will be entitled to continued
possession of the land in the future
·
EXAMPLE: these covenants would be breached if a third person not only asserted that he had
paramount title, but commenced proceedings to eject the grantee
COVENANTS WITHIN THE WARRANTY DEED
5) Right to Convey
Grantor has capacity and authority to transfer property
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· means that the seller is legally entitled to transfer the property to the buyer
COVENANTS WITHIN THE WARRANTY DEED
5) Right to Convey
The seller must hold title to the property to possess the right to convey.
· This present covenant assures the buyer that the grantor has this right.
COVENANTS WITHIN THE WARRANTY DEED
5) Right to Convey
· If a third party were to come forward with a legal interest in the property, the guarantor would be in
breach of this covenant.
COVENANTS WITHIN THE WARRANTY DEED
6) Covenant of Further Assurances
Promise by Grantor to assure the validity of title
a promise that the grantor will do whatever is reasonably necessary help the grantee perfect the title
should the need arise later down the road.
COVENANTS WITHIN THE WARRANTY DEED
6) Covenant of Further Assurances
is the related promise that the grantor will do whatever is necessary to remove a defect associated
with title, such as an encumbrance, if it arises, and if the problem is not fixed, damages will be
awarded.
COVENANTS WITHIN THE WARRANTY DEED
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6) Covenant of Further Assurances
More often, it means the seller will execute whichever other legal documents are necessary to make
sure that title defects are fixed.
This could involve executing additional legal documents or correcting mistakes found in previous
documents.
PRESENT COVENANTS
They are beached, if at all, at the moment the conveyance is made
·
thus a breach can occur even though there is no eviction—all the grantee needs to do to recover on
the claim is show the title was in fact defective on the date of conveyance
PRESENT COVENANTS include
Seisin,
Right to Convey, and
Against Encumbrances
FUTURE COVENANTS
o Quiet Enjoyment and Warranty
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