Section 253. Construction of covenants in grants of freehold interests  


Latest version.
  • 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.