Also known as:title covenant · covenants of title · covenant of title · covenants for title
Written by attorneys · grounded in primary & secondary sources — see below
Contractual assurances contained in a deed by which the grantor warrants the quality of title conveyed to the grantee. These assurances typically include covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty.
Sources & Authorities
How it applies
Common Examples
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General Warranty Deed Breach Claim
Tiffany Torres conveyed a historic inn to Twin Rivers Bank by general warranty deed at closing. After the bank took possession, a third party asserted a prior recorded option to purchase the property and sued to enforce it. The bank tendered defense to Torres, who refused on the ground that she had mentioned the option informally during negotiations. The covenants in the deed obligated Torres to defend title against the prior claim and to compensate the bank for any resulting loss.
Special Warranty Deed Limitation
Travis Tate conveyed a soccer complex to Tidal Energy by special warranty deed. Local leagues later asserted long-standing use rights that originated during Tate's ownership and refused to vacate. Tidal Energy sued Tate for breach of the quiet enjoyment covenant. Recovery turned on whether the interfering claims arose by, through, or under Tate, the precise limit of the special warranty covenants.
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Cases
Common Law
Restatements
Casebooks
Course Outlines
Study Supplements
Hannan v. Dusch153 S.E. 824 (Va. 1930)
Common questions
Frequently Asked
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What covenants does a general warranty deed contain?+
A general warranty deed contains covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and sometimes further assurance. These promises assure the grantee of good title and protection from prior defects.
Supporting sources
How does a special warranty deed differ from a general warranty deed?+
A special warranty deed warrants title only against claims arising by, through, or under the grantor. A general warranty deed covers all defects in the chain of title regardless of when they arose.
Supporting sources
Do title covenants run with the land?+
Title covenants in a general or special warranty deed run with the land. Remote grantees may therefore enforce them against the original grantor when a title defect later surfaces.
Supporting sources
Does constructive notice of a recorded encumbrance defeat a claim for breach of the covenant against encumbrances?+
No. A general warranty deed provides an absolute assurance against encumbrances. Constructive notice from the recording system does not nullify the grantor's liability under the covenant.
Supporting sources
153 S.E. 824 (Va. 1930)Property
…uniform, we understand the law upon the subject to be perfectly well settled. Taylor on Landlord and Tenant, 147; Rawle on Covenants for Title, 147. The lessor is responsible upon the covenant for his own acts, and for the acts of others claiming by title paramount to the lease, but he is not responsible for the acts of a mere…
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