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A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duties or restrictions upon the use of that land regardless of the owner. A covenant for title that comes with a deed or title to the property assures the purchaser that the grantor has the ownership rights that the deed purports to ...
A quiet title action is a lawsuit to resolve with any cloud on title, such as competing claims or rights to real property, for example, missing heirs, tenants, reverters, remainders and lien holders all competing to get ownership to the house or land.
The Court held that the Lord of the Manor’s successors in title could sue the prior for non-performance of his agreement. A covenant made with the owner of land is for the benefit of the land. It followed that the covenant can be enforced against the covenantor whether or no he owned any estate in the land, and also against successors in title.
Covenant of warranty: Covenants that represent seller's promise to protect the buyer against anyone who comes along later and claims paramount title to the property. [1] [5] Covenant of further assurances: The covenant of further assurances requires the seller to take affirmative steps to cure any defects in the grantor's title. [1] [6]
1. If O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, then title immediately passes to A.. 2. However, if, as above, O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, A may elect to treat O's lack of title at the time of the conveyance as a breach of the covenants of seisin and right to convey ...
An action to enforce townhome covenants is, in fact, a legal or equitable action on a contract or written instrument—and so any enforcement action must be brought within five years.
Lord Templeman held that the covenant could not be enforced because the covenant was positive. His judgment said the following. [1]Equity cannot compel an owner to comply with a positive covenant entered into by his predecessors without flatly contradicting the common law rule that a person cannot be made liable upon a contract unless he was a party to it.
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 ...
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