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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.
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.
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 ...
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action.Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. [1]
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.
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 ...
Enjoy a classic game of Hearts and watch out for the Queen of Spades!
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).