Question

Which covenant requires the grantor to execute any necessary legal documents (within his power) necessary to fix title defects discovered after closing?

Answer 1

The covenant of further assurances requires the grantor to execute any necessary legal documents (within his power) necessary to fix title defects discovered after closing.

What Are the Six Covenants of Title?

A warranty deed is typically signed by both parties when a seller transfers real estate to a buyer. According to Deed Claim, this document certifies that the seller is the legitimate owner of the property and is selling it free of any liens while transferring the legal title to the buyer. The assurances made by the seller are represented by the six covenants of title. Three covenants are regarded as existing covenants, and as such, they are applicable to the parties to the most recent transfer. The other three are future covenants, and if they are broken, any owner may bring a claim against any prior grantor.

Covenant of Seisin

The seller's rightful ownership of the property is guaranteed by the present covenant of seisin.

No Encumbrances

The seller guarantees that the property is possessed free and clear by making the current covenant against encumbrances.

Right to Convey

According to TheLaw.com, having the right to convey indicates that the seller is legally permitted to transfer the property to the buyer.

Quiet Enjoyment

The future covenant of quiet enjoyment guarantees that a third party's legal claim to title won't affect the buyer's right to possession.

Covenant of Warranty

The warranty covenant and the quiet pleasure covenant are extremely similar.

Further Assurances

This prospective covenant is a guarantee that, should the need ever arise, the grantor will take all reasonable steps to assist the grantee in perfecting the title.

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