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This entry was published on 2014-09-22
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SECTION 253
Construction of covenants in grants of freehold interests
Real Property (RPP) CHAPTER 50, ARTICLE 8
§ 253. Construction of covenants in grants of freehold interests. In
grants of freehold interests in real property, the following or similar
covenants must be construed as follows:

1. Seizin.-- A covenant that the grantor "is seized of the said
premises (described) in fee simple, and has good right to convey the
same," must be construed as meaning that such grantor, at the time of
the execution and delivery of the conveyance, is lawfully seized of a
good, absolute and indefeasible estate of inheritance in fee simple, of
and in all and singular the premises thereby conveyed, with the
tenements, hereditaments and appurtenances thereto belonging, and has
good right, full power and lawful authority to grant and convey the same
by the said conveyance.

2. Quiet enjoyment.-- A covenant that the grantee "shall quietly enjoy
the said premises," must be construed as meaning that such grantee, his
heirs, successors and assigns, shall and may, at all times thereafter,
peaceably and quietly have, hold, use, occupy, possess and enjoy the
said premises, and every part and parcel thereof, with the
appurtenances, without any let, suit, trouble, molestation, eviction, or
disturbance of the grantor, his heirs, successors or assigns, or any
person or persons lawfully claiming or to claim the same.

3. Freedom from incumbrances.-- A covenant "that the said premises are
free from incumbrances," must be construed as meaning that such premises
are free, clear, discharged and unincumbered of and from all former and
other gifts, grants, titles, charges, estates, judgments, taxes,
assessments, liens and incumbrances, of what nature or kind soever.

4. Further assurance.-- A covenant that the grantor will "execute or
procure any further necessary assurance of the title to said premises,"
must be construed as meaning that the grantor and his heirs, or
successors, and all and every person or persons whomsoever lawfully or
equitably deriving any estate, right, title or interest of, in, or to
the premises conveyed by, from, under, or in trust for him or them,
shall and will at any time or times thereafter upon the reasonable
request, and at the proper costs and charges of the grantee, his heirs,
successors and assigns, make, do, and execute, or cause to be made, done
and executed, all and every such further and other lawful and reasonable
acts, conveyances and assurances in the law for the better and more
effectually vesting and confirming the premises thereby granted or so
intended to be, in and to the grantee, his heirs, successors or assigns
forever, as by the grantee, his heirs, successors or assigns, or his or
their counsel learned in the law, shall be reasonably advised or
required.

5. Warranty of title.-- A covenant that the grantor "will forever
warrant the title" to the said premises, must be construed as meaning
that the grantor and his heirs, or successors, the premises granted, and
every part and parcel thereof, with the appurtenances, unto the grantee,
his heirs, successors or assigns, against the grantor and his heirs or
successors, and against all and every person or persons whomsoever
lawfully claiming or to claim the same shall and will warrant and
forever defend.

6. Grantor has not incumbered.-- A covenant that the grantor "has not
done or suffered anything whereby the said premises have been
incumbered," must be construed as meaning that the grantor has not made,
done, committed, executed, or suffered any act or acts, thing or things
whatsoever, whereby or by means whereof, the above mentioned and
described premises, or any part or parcel thereof, now are, or at any
time hereafter shall or may be impeached, charged or incumbered in any
manner or way whatsoever.