Present: Can be breached only at the moment the deed is delivered. The statute of limitations runs when the deed is delivered.
1. Covenant of Seisin: Promise by the grantor that he or she owns the land.
2. Right to Convey: Grantor with power of attorney has the right to convey.
3. Against Encumbrances: This is a promise that the title is passing free of mortgages, liens, easements, future interests in others, covenants running with the land, etc.
Future: Can be breached only when an eviction of the grantee occurs, and this may be some time after the delivery of the deed itself. The statute of limitations runs when the grantee is evicted. Future covenants run with the land.
1. & 2. Warranty and Quiet Enjoyment: Promise by grantor to
compensate grantee for the loss if the title turns out to be defective or subject to an encumbrance, and the grantee thereby suffers an eviction.
3. Further Assurance: Promise by the grantor to execute such further
documents as may be necessary to perfect the grantee’s title. It is enforceable in equity by a decree of specific performance.
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