1. Present Covenants = representations of fact
a. Covenant of seisin – grantor warrants that he owns the conveyed property (seisin = ownership and possession of real property under lawful title)
b. Covenant of right to convey
c. Covenant against encumbrances (every right to or interest in the land which may subsist in third persons, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance) – “I give you title to the following free from the following:”
i. Mortgages
ii. Liens
iii. Easements
iv. Covenants
d. Present Covenants are representations of fact that give a remedy to the grantee if the representation is false
e. Present covenants that “run with land” pass a cause of action to the grantee with the deed
i. Don’t really run with the land, you just get the cause of action
ii. The Cause of Action is assigned with the deed
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