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Outside of England and Wales, the English covenants of title, sometimes included in deeds to real property, are (1) that the grantor is lawfully seized (in fee simple) of the property, (2) that the grantor has the right to convey the property to the grantee, (3) that the property is conveyed without encumbrances (this covenant is frequently ...
Covenant of right to convey: Covenants that represent the seller's promise that they have a valid title of the property being conveyed and have not contracted to sell it to another. [1] Covenant against encumbrances: Seller promises that there are no encumbrances, other than those that have been previously disclosed. [1] Future covenants
The extensive guarantees and protections offered by grant deeds include assurances of the grantor's legal authority to transfer ownership, the absence of undisclosed claims or encumbrances on the property, and protection against defects in title. [1] Understanding liens and encumbrances is important in real estate transactions.
That the question does not depend on whether the covenant runs with the land is evident from this, that if there was a mere assignment and no covenant, this Court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a ...
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. [1] A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title).
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Importantly, and dispositively, a private transfer fee covenant, like all real property covenants, is an encumbrance associated with, but not a direct restraint on, conveyance of title to the property. An encumbrance is defined as "a claim (as a lien) against property ...
In Hong Kong, there is a statutory definition of "encumbrance".In Conveyancing and Property Ordinance (Cap. 219) it reads: ""encumbrance" (產權負擔) includes a legal and equitable mortgage, a trust for securing money, a lien, a charge of a portion, annuity, or other capital or annual sum; and "encumbrancer" (產權負擔人) has a meaning corresponding with that of "encumbrance" and ...