Also known as: further assurance · covenant of further assurances
Written by attorneys · grounded in primary & secondary sources — see below
A future covenant in a general warranty deed by which the grantor promises to execute any additional documents or take further steps necessary to perfect or defend the grantee's title against defects arising after delivery.
Farah Fox conveyed a parcel to Flagship Logistics by general warranty deed. Years later a boundary survey revealed a scrivener's error in the legal description that clouded title. Flagship Logistics demanded that Farah Fox execute a corrective deed to fix the description and quiet the record. Farah Fox refused. The covenant of further assurances required Farah Fox to supply the corrective instrument so that Flagship Logistics could enjoy clear title.
Frederick Ferguson delivered a general warranty deed to Fairview Manufacturing. After closing a prior mortgage that Ferguson had satisfied remained of record because the lender never recorded a release. Fairview Manufacturing asked Frederick Ferguson to obtain and record the release. Frederick Ferguson refused. The covenant of further assurances obligated Frederick Ferguson to procure and deliver the release to remove the cloud from Fairview Manufacturing's title.
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Only a general warranty deed contains the covenant of further assurances. A special warranty deed limits its warranties to claims arising by through or under the grantor. A quitclaim deed contains no title covenants at all.
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The covenant is breached when the grantor refuses to execute additional documents needed to perfect or defend the grantee's title after delivery. It is a future covenant that runs with the land and may be enforced by remote grantees.
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Yes. The covenant obligates the grantor to cure title defects that impair the grantee's interest even if those defects originated before the deed was delivered.
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…not exist it could not be surrendered. And here it is to be remarked, that the crown of England executed every reasonable act of further assurance to protect and enforce the grants to the proprietors while the government remained in the proprietors, as the documents laid before the court fully prove. The only trouble they met with was…