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A warranty deed can include six traditional forms of covenants for title, [1] sometimes known as the English covenants of title. [2] Those six traditional forms of covenants can be broken down into two categories: present covenants and future covenants. Present covenants. Covenant of seisin: "A covenant of seisin or good right to convey." [1] [3]
The covenant may be shown in the deed and should be disclosed to prospective purchasers; it may also be recorded, or in the case of Commonwealth countries shown in Torrens title. Real covenants and easements or equitable servitudes are similar [9] and in 1986, a symposium discussed whether the law of easements, equitable servitudes, and real ...
The merger also refers to the doctrine whereby "a fee simple estate, once fragmented into present and future interests, can thereafter be reconstituted. 'Merger is the absorption of a lesser estate by a greater estate, and takes place when two distinct estates of greater and lesser rank meet in the same person or class of persons at the same time without any intermediate estate.' "[1 ...
The doctrine of worthier title, preferring title by intestate succession over title by the instrument, wipes out that vested interest and prefers the rights of Adam's creditors over the rights of Adam's heirs. This illustrates that although the doctrine of worthier title, by its terms, does not affect the right passed from the ancestor to the ...
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In this type of privity, the covenants may be positive or negative and, unless very inequitable, are generally held to be binding. After the case, instead of the first narrow privity of estate, any restrictive covenant chiefly needed to satisfy four lesser requirements to bind the successors in title: The covenant must be restrictive .
A food safety expert weighs in on flour bugs, also known as weevils, that can infest your pantry after one TikToker found her flour infested with the crawlers.
Properties that are sold on the basis of equitable title have a legal chain of title intact, and a recorded transfer with the local municipality. Legal title is actual ownership of the property as when the property has been bought, the seller paid in full and a deed or title is properly recorded. Equitable title separates from legal title upon ...