Covenants for TITLE (real estate conveyances) Flashcards Preview

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Flashcards in Covenants for TITLE (real estate conveyances) Deck (16):
1

Standard Warranty Deed 6 pack

o Seisin
o Right to convey
o Against encumbrances
o Further assurances
o Quiet enjoyment
o Warranty

2

present warranties

o Seisin
o Right to convey
o Against encumbrances

3

Future warranties

o Further assurances
o Quiet enjoyment
o Warranty

4

when are present warranties breached?

at conveyance

5

when are future warranties breached?

at eviction

6

when does the SOL run for present warranties?

from time of conveyance

7

when does SOL run for future warranties?

from the time of breach
-can be centuries in future

8

Warranty of Seisin promises what?

-that the grantor is seized of the land
(not same as asserting title to estate)
-only addresses being seized of Land

9

a trespasser in possession

satisfies being seized of land

10

seized of land does not meant ___ __ ___?

seized of estate (is diff)

11

Warranty Against Encumbrances is breached by....?

-pecuniary charges (mortg's & liens)
-estate to which the premises are subj which are not FEE estates (life estates & leases)
--easements & servitudes to which premises are subject
-an encumbrance

12

encumbrance

"is any right to or interest in the land, subsisting in a 3rd person, to the diminution of the value of the land, though consistent w/ the passing of the fee by conveyance."

13

W of Quiet Enjoyment

Promises: that grantee will not be evicted from possession

14

W of Further Assurances

Promises: grantor will execute any documents needed in the future to perfect title

15

W of Warranty

• Usu. synoymn for quiet enjoyment

16

Right to convey W

• Promises: grantor has right to convey land
• Legal right to engage in land transaction, not the grantor’s TItLE to the property