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Special Quitclaim Covenant Warranty Deed Deed of Seisin Against Conveys defects caused only what by grantors acts title or omissions grantor has she owns estate conveyed
Covenant Covenant Against of Right Encumbrances to Convey she has right to convey no encumbrances to property
Covenant of Gen. Warranty Defend against lawful claims & will compensate grantee
Coven. Quiet Enjoyment Grantee will not be disturbed in possession by superior title
Coven. Further Assurance Execute any other documents required to perfect title conveyed
Warranty Type
None.
Present Covenant SOL runs @ date of delivery of deed; right to sue can be assigned to remote grantee so long as SOL satisfied. Rockafellor v. Gray. G breaches if not having title or not satisfying the elements of AP. Breach by not having right to convey interest.
(Lack Agency, Being APer).
Breach of Covenant
Latent violation of restrictive land use statute/ordinance @ time of conveyance ~ breach. Frimberger v. Anzellotti.
Constructive Eviction occurs when one holding paramount title interferes w/ Grantees right of possession. Brown v. Lober.
Return of all or a portion of the purchase price. Nominal or actual or Propertys full Val if Grantee transfers prop. to Grantor
Estoppel Merger
If G, Conveys land to Grantee that G does not own, Warrants title to that land, and Later acquires title to that land, then G is estopped to deny he had title at time of the deed passing title to Grantee (Applies only where they warranted the deednot quitclaim) Absent provisions in the deed to the contrary, the K for Sale and the deed merge, leaving only those covenants that are contained in the deed. Modern Trend. Hold that acceptance of the deed does not bar suit on the contractual promises. Must satisfy the SOFs.
Encumbrances Mere knowledge of the encumbrance is not sufficient to exclude it from the operation of the covenant. Three Types:
1. Pecuniary Charges against the property (e.g., mortgages or liens) 2. Interest in the property less than the fee (e.g., a lease or life estate) 3. Easements or servitudes (e.g., restrictive covenants) Statutes are not viewed as encumbrances