Which covenant among the six covenants of title ensures there are no undisclosed encumbrances against the property?

Which covenant among the six covenants of title ensures there are no undisclosed encumbrances against the property?

• A. Covenant of Season
• B. Covenant against Encumbrances
• C. Covenant of Quiet Enjoyment
• D. Covenant of Warranty

Answer: (B)

The core idea is that a covenant of title includes promises about what the seller is conveying with the property. The one that specifically guards against hidden problems that would burden the title is the covenant against encumbrances. It guarantees there are no liens, mortgages, easements, or other claims on the property that would limit the grantee’s rights, except for any encumbrances that are disclosed in the deed or title record. If the seller knows of an encumbrance and doesn’t reveal it, this covenant is breached, and the grantee can seek relief. To place it in context with the other covenants: seisin confirms the grantor actually owns the estate and has the right to convey it; quiet enjoyment protects the grantee from being disturbed by someone with a superior claim to the title; warranty promises the grantor will defend the title against claims; and further assurances obligates the grantor to take steps to perfect the title if needed. The covenant against encumbrances is the one that specifically targets undisclosed burdens on the property’s title itself.

The core idea is that a covenant of title includes promises about what the seller is conveying with the property. The one that specifically guards against hidden problems that would burden the title is the covenant against encumbrances. It guarantees there are no liens, mortgages, easements, or other claims on the property that would limit the grantee’s rights, except for any encumbrances that are disclosed in the deed or title record. If the seller knows of an encumbrance and doesn’t reveal it, this covenant is breached, and the grantee can seek relief.

To place it in context with the other covenants: seisin confirms the grantor actually owns the estate and has the right to convey it; quiet enjoyment protects the grantee from being disturbed by someone with a superior claim to the title; warranty promises the grantor will defend the title against claims; and further assurances obligates the grantor to take steps to perfect the title if needed. The covenant against encumbrances is the one that specifically targets undisclosed burdens on the property’s title itself.