Question

Since the spouse voluntarily participated as a grantor in the conveyance and did not enter into the conveyance through mistake or fraud, the spouse as a grantor breached the implied covenant against further encumbrances by failing to state the property was subject to the lease

a) True
b) False

Answer 1

The spouse as a grantor breached the implied covenant against further encumbrances by failing to state the property was subject to the lease.

Step-by-step explanation:

The statement is true.

The implied covenant against further encumbrances is a promise by the grantor that the property being conveyed is free from any encumbrances or claims that may affect the title. When the grantor fails to disclose that the property is subject to a lease, it is considered a breach of the covenant. In this case, the spouse as a grantor voluntarily participated in the conveyance without stating that the property was subject to the lease, so the spouse breached the implied covenant against further encumbrances.

For example, if a couple grants a deed to a property without mentioning that there is an existing lease agreement on the property, the grantor spouse has violated the covenant. The grantee (the person receiving the property) may have legal recourse, such as seeking damages or voiding the conveyance.