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Property, image
Present covenants
broken, if at all, at conveyance;…
Property
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Titles
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Recording
Temm 220-221
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Shelter rule = protection for subsequent purchaser who does not satisfy applicable recording statute; successor in interest also protected
- Not required to validate transfer of title
-Important when 2 or more parties claim owner conveyed or mortgaged property to them
- With AP, not recordable until title quieted; not made invalid by bona fide purchaser
- Prescriptive easements; implied easements; boundary adjustments by acquiescence or oral agreement also not recorded
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Present covenants
- broken, if at all, at conveyance; grantee has limited time to make claim
- do not generally run w/ the land to remote grantees
covenant of seisin = grantor owns & possesses estate granted; existence of encumbrance does not breach
covenant of right to convey = grantor has right to convey the property; trustee may be seised of the fee but barred from conveying the property
covenant against encumbrances = grantor promises no encumbrances; no 3rd person has right that diminishes value or limits the use of land granted, incl:
- taxes
- leases
- water rights
- easements
- restrictions on use

Future covenants
- may be broken after time of conveyance
- do run w/ the land to subsequent purchasers
covenant of further assurances = grantor promises to take whatever steps required to perfect title defects
covenant of quiet enjoyment = grantor covenants that grantee will not be disturbed by superior claim
covenant of warrantee = grantor covenants they will assist in defending title against valid claims & ill compensate grantor for losses sustained by assertion of superior title
Real property interests analysis steps
- Nature & characteristics of the interests of real property
- How a particular interest can be created
- How to classify the interest
- The rights of possession & the rights of the user of the interest
- The legal and equitable remedies stemming from that interest
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