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The borrow on a deed of trust. Also called the grantor. |
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A promise that the grantor actually owns the property interest that's being transferred to the grantee |
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covenant of right to convey |
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A promise that the grantor has the power (legal capacity) to make the conveyance. Sometimes considered part of seisin. |
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covenant against encumberances |
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warrants that the property is not burdened by any undisclosed easements, mortgages, liens, or other rights of third parties. |
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covenant of quiet enjoyment |
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A guarantee that the grantee will be able to possess the property in peace, undisturbed by any lawful claim made by a third party. |
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covenant of further assurances |
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Warrants that the grantor will provide the grantee with any additional instruments (legal documents) that are needed, or take any other steps required, to make the grantee's title good. |
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covenant of warranty forever |
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A promise that the grantor will defend the grantee's title against any claims superior to the grantee's that existed when the conveyance was made. |
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6 Covenants included in a General Warranty Deed |
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Seisin Right to Convey Against Encumberances Quiet Enjoyment Further Assurances Warranty Forever |
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Holdover tenant. Tenant continues in posession of the property after the lease has expired, but without consent of landlord. |
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Estate at will. Tenant has posession of the property with the landlord's consent for an indefinite period. |
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2 or more individuals have an undivided interest in a single property |
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2 or more individuals are joint and equal owners of the property. RIGHT OF SURVIVORSHIP. |
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In Joint Tenancy, upon the death of one tenant, his interest automatically passes to the surviving tenant(s). |
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unity of interest unity of title unity of time unity of possession |
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actual, open, notorious, exclusive, hostile, and continuous |
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Capable of being voided, but not void unless action is taken to void it. A real estate contract entered into by a minor is voidable only by the minor. |
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