MBE Rules · Real Property
Deed Covenants of Title
Six covenants of title
The rule
A general warranty deed carries three present covenants (seisin, right to convey, against encumbrances) breached if at all at delivery, and three future covenants (quiet enjoyment, warranty, further assurances) that run with the land and are breached only on eviction.
In plain English
A general warranty deed includes promises from the seller regarding the property. There are three promises that are checked at the time the deed is delivered, and three that protect the buyer in the future if they face issues with the property.
Worked example
Alice sells her house to Bob using a general warranty deed. At the time of delivery, it is discovered that Alice does not actually own the property (breaching the covenant of seisin). Bob can immediately sue Alice for this breach. However, if a neighbor later claims ownership and evicts Bob, he can invoke the future covenants for protection.
Memory hook
General warranty deeds promise both present and future peace of mind.
The trap
Exams may confuse students by mixing up present and future covenants, leading them to misidentify when a breach occurs.
How examiners test it
Questions often present scenarios involving property disputes or claims against the title to test understanding of when covenants are breached.
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