A covenant of seisin is a legal promise or guarantee made by a grantor to a grantee in a deed or other conveyance document, ensuring that the grantor holds complete and rightful ownership of the property being transferred. Essentially, it warrants that the grantor has the legal authority to convey the property and that there are no undisclosed encumbrances or claims that would impede the grantee’s ownership rights. This covenant is typically included in deeds to provide assurance to the buyer that they are receiving clear and marketable title to the property. If it is later discovered that the grantor did not possess full ownership rights as promised, the grantee may have legal recourse against the grantor for breach of the covenant of seisin.
An agreement, promise, or contract that shows that the grantor holds quantity and equality of the land described in the deed or other recorded means of communication.
The Covenant of Seisin is a legal document that establishes the transfer of ownership rights to a property. It ensures that the grantor has the legal authority to transfer the property and guarantees that the grantee will receive full possession and enjoyment of the property. The covenant also provides protection against any claims or encumbrances on the property, ensuring that the grantee will have a clear and marketable title.
A Covenant of Seisin is a legal term used in real estate transactions to guarantee that the seller has legal ownership and possession of the property being sold.
A Covenant of Seisin is important because it provides assurance to the buyer that they will receive full ownership and possession of the property without any competing claims or encumbrances.
The Covenant of Seisin typically includes a promise from the seller that they have good title to the property, the right to sell it, and that there are no undisclosed defects or claims against the property.
Yes, a Covenant of Seisin can be breached if the seller does not have legal ownership or possession of the property as promised, or if there are undisclosed defects or claims against the property.
If a Covenant of Seisin is breached, the buyer may have legal remedies available, such as rescinding the contract, seeking damages, or specific performance to compel the seller to fulfil their promise.
Yes, a Covenant of Seisin can be waived or modified if both parties agree to do so in writing. However, it is generally not advisable to waive or modify this covenant, as it provides important protections for the buyer.
No, a Covenant of Seisin is typically only enforceable between the original buyer and seller. Subsequent buyers would need to rely on their own due diligence and title searches to ensure ownership and possession of the property.
No, a Covenant of Seisin is not typically included in lease agreements as it pertains to ownership and possession, which are not relevant in a lease context.
Yes, it is highly recommended to consult with a real estate attorney before entering into any contract involving a Covenant of Seisin to ensure that your rights and interests are protected and that the covenant is properly drafted and enforceable.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 5th May 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/covenant-of-seisin/
- Modern Language Association (MLA):Covenant Of Seisin. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/covenant-of-seisin/.
- Chicago Manual of Style (CMS):Covenant Of Seisin. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/covenant-of-seisin/ (accessed: May 09 2024).
- American Psychological Association (APA):Covenant Of Seisin. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/covenant-of-seisin/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts