Also known as: rights to convey · right of conveyance · conveyance right
Written by attorneys · grounded in primary & secondary sources — see below
A present covenant included in a general warranty deed by which the grantor assures the grantee that the grantor possesses the legal authority to transfer the estate described in the deed. Breach occurs immediately upon delivery if the grantor lacks that authority. The covenant runs with the land and remains enforceable by the grantee or remote successors.
Rina Rahman delivered a general warranty deed to Reliance Insurance covering a commercial parcel. Years later a third party established superior title. Reliance Insurance sued Rahman for damages under the title covenants. The court permitted recovery because the right to convey covenant had been breached at delivery and ran with the land.
Renata Russo and her husband held property as tenants by the entirety. Russo attempted to convey the entire parcel without her husband's signature. The buyer later faced an adverse claim from the husband. The court held that Russo lacked authority to convey the full estate, breaching the right to convey covenant in her deed.
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Rowan Russell as executor delivered a general warranty deed to a buyer for estate property. An heir later proved the executor lacked full power to sell. The buyer sued Russell for breach of the right to convey covenant. The court awarded damages because authority to transfer was absent at delivery.
Rebecca Ross conveyed property subject to federal alienation limits to Riverside Healthcare. The buyer discovered the restrictions barred marketable title. Ross had warranted the right to convey in a general warranty deed. The court allowed recovery because authority to transfer was lacking at delivery.
Rosa Ruiz as executor conveyed estate land by general warranty deed to Riverstone Manufacturing. An heir later proved the executor lacked full authority. The buyer sued for breach of the right to convey covenant. The court awarded damages measured by the purchase price because the covenant was broken at delivery.
Rosalind Reed conveyed an undivided interest in restricted land by general warranty deed. Federal rules later barred full alienation. The grantee sued Reed for breach of the right to convey covenant. The court permitted recovery because Reed lacked authority to transfer marketable title at delivery.
The covenant is breached at the moment the deed is delivered if the grantor lacks authority to convey the estate described. It is a present covenant, so the cause of action accrues immediately rather than upon later eviction.
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Yes. The covenant of right to convey runs with the land and may be enforced by remote grantees against the original grantor. Successors in interest may recover damages even years after the original conveyance.
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The two covenants are treated as synonymous in most jurisdictions. Both assure that the grantor owns the estate and possesses authority to convey it at the time of delivery.
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The grantee may recover the purchase price paid or the amount paid to acquire outstanding title, not exceeding the consideration the grantor received. Courts differ on whether tender of the property back to the grantor is required.
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…her right to the use and enjoyment of the whole estate, and all the privileges that ownership of property confers, including the right to convey the property in its entirety, jointly with her husband, during the marriage relation. Jordan v. Reynolds , 105 Md. 288, 66 A. 37 (1907); Hurd v. Hughes , 12 Del. Ch. 188, 109 A. 418…