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Covenants For Title

There are two classes of deeds.

A. Quitclaim Deed

Grantor conveys whatever title he owns without warranty as to his title.

B. Warranty Deed

Grantor makes representations concerning titles. There are six general classes of covenants.

Mnemonic: Even Filthy Scoundrels Reject Questionable Warranties.

1. Encumbrances
Grantor warrants that his conveyance is free of encumbrances: liens, mortgages, easements, etc.

Further assurance Grantor warrants that he will make any conveyance within his power in order to perfect grantee’s title. This covenant is rarely used today.

3. Seisin
Same as the right to convey.

4. Right to convey
A personal covenant that the grantor has the right to convey.

5. Quiet enjoyment
Historical differences between this covenant and the covenant of “warranty” have been abolished so that they are identical.

6. Warranty
Grantor covenants that grantee’s use or enjoyment of the property will not be disturbed by a third party.

a. This covenant is “real” and will run with the property.

b. This is the broadest covenant.

c. Damages for breach are limited to the value of the property.

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