A grantor’s promise that the property has no visible or invisible encumbrances. • In a special warranty deed, the covenant is limited to encumbrances made by the grantor. — Also termed general covenant against encumbrances. Cf. special covenant against encumbrances. [Cases: Covenants 42, 64. C.J.S. Covenants § 19.]
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general covenant against encumbrances. See covenant against encumbrances under COVENANT(4).
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A grantor’s promise that the property is free of encumbrances created by the grantor only, not the grantor’s predecessors. See special warranty deed under DEED. Cf. covenant against encumbrances. [Cases: Covenants 42, 64. C.J.S. Covenants § 19.]
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A covenant that binds the grantor to ensure the completeness, security, and continuance of the title transferred. • This covenant usu. includes the covenants for seisin, against encumbrances, for the right to convey, for quiet enjoyment, and of warranty. [Cases: Covenants 38–48, 62–67. C.J.S. Covenants §§ 14–24, 29, 46–47.]
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A covenant that can be breached only at the time of conveyance. • The three covenants in this class are the covenant against encumbrances, the covenant of right to convey, and the covenant of seisin. Cf. future covenant.
A deed containing one or more covenants of title; esp., a deed that expressly guarantees the grantor’s good, clear title and that contains covenants concerning the quality of title, including warranties of seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title against all claims. — Also termed general warranty deed; full-covenant-and-warranty