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What is the covenant by which the grantor warrants he/she owns property and has the right to convey title?

A. Covenant of seisin.
B. Covenant of quiet enjoyment.
C. Covenant against encumbrances.
D. Covenant of further assurance.

User Drowa
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Final answer:

The correct answer is A. Covenant of seisin. This covenant is a guarantee from the seller (grantor) to the buyer (grantee) that the former owns the property and has the legal right to convey it. Unlike restrictive covenants, which can limit property use, Covenant of seisin is about the right to transfer ownership.

Step-by-step explanation:

The covenant by which the grantor warrants he/she owns the property and has the right to convey title is the Covenant of seisin. This covenant assures the grantee that the grantor holds the title to the property and has the authority to sell it. It is a fundamental aspect of a property deed, ensuring that the transfer of ownership is legitimate and that the grantor has the legal capacity to transfer the property.

Restrictive covenants are different from the covenant of seisin as they are provisions in a deed that limit the use of the property, typically set by land developers. They can include requirements like minimum house sizes and aesthetic standards intended to preserve the character of a neighborhood. Regardless of such restrictions, individuals or firms must own the property outright to have the contractual rights to enter into agreements with others regarding its use. However, restrictive covenants have historically been used for discriminatory purposes, an example being their use to segregate neighborhoods by race, which was eventually ruled unconstitutional.

User Tamerlane
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