• This covenant is sometimes treated as being synonymous with covenant for quiet enjoyment. The covenant is not breached if the grantor fails to defend the grantee against an invalid claim. See WARRANTY(1). [Cases: Cove-nants 46–48, 67. C.J.S. Covenants §§ 22–24, 29.]
covenant of warranty
A covenant by which the grantor agrees to defend the grantee against any lawful or rea-sonable claims of superior title by a third party and to indemnify the grantee for any loss sustained by the claim.