Title, Covenants For - Definition - Law Dictionary Home Dictionary Definition title-covenants-for

Definition :

Title, Covenants for. In every conveyance of real or personal property expressed to be conveyed by the instrument of conveyance made on or after the 1st January, 1882, and in regard to assents by personal representatives, after 1925, of land, certain 'covenants for title' (being for the most part usually expressed in the conveyance before that date), of which the following is an abstract, are implied by virtue of the 7th s. of the (English) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), replaced and extended by the (English) Law of Property Act, 1925, s. 76, and 2nd Sch., but in the following cases A and B the covenants are limited, while in cases C and D they are unqualified and absolute, see David v. Sabin, (1893) 1 Ch 523:-

(A) In a conveyance for valuable consideration other than a mortgage by a person expressed to convey as beneficial owner:-That, notwithstanding anything done, omitted, etc., by the person conveying, or anyone through whom he derives title otherwise than by purchase for value that the person conveying has the right to convey:--That the person to whom the conveyance is made shall 'quietly enjoy' the subject-matter of the conveyance without disturbance by the person conveying, or any person claiming by, through, under, or in trust for the person conveying:--That the subject-matter of the conveyance is free from incumbrances by the person conveying or anyone deriving title from him or from whom he derives title otherwise than by purchase for value, except as expressly mentioned in the conveyance:--And that the person conveying, and every person claiming through him otherwise than by purchase for value, and anyone through whom he derives title otherwise than by purchase for value will execute all such 'further assurances' for more perfectly assuring the subject-matter of the conveyance to the person to whom it is made, as from time to time may reasonably be required.

(B) In a conveyance of leasehold property for valuable consideration other than a mortgage, the further covenant, by a person expressed to convey as beneficial owner:-That notwithstanding anything done or omitted by that person or anyone from whom he derives title otherwise than by purchase for value as mentioned, the lease creating the term is valid, unforfeited, unsurrendered, and in nowise become void or voidable, and that the obligations under the lease have been performed.

In these provisions A and B purchase for value does not include a conveyance in consideration of marriage.

(C) In a conveyance by way of mortgage or charge by a person expressed to convey as beneficial owner, an unqualified covenant for right to convey, with the addition that if default be made in payment of the money intended to be secured or interest thereon, the person to whom the conveyance is made may thenceforth enter upon and enjoy the subject-matter of the conveyance, and with the benefit of the same covenants for 'freedom from incumbrance' and 'further assurance' as in (A).

(D) In a conveyance by way of mortgage (including charge or lien) of freehold property subject to rent or leasehold property by a person expressed to convey as beneficial owner, that without any qualification the grant or lease is valid and in full force and is nowise void or voidable, and also a covenant that the person conveying or the person deriving title under him has paid the rent and performed the covenants and will pay the rent and perform the covenants under the lease, and will keep the person to whom the conveyance is made indemnified against actions for non-payment of rent or breach of covenant.

The same section of the Act also implies a limited covenant for further assurance in a conveyance by way of settlement by a person expressed to convey as settlor; and against incumbrances in a conveyance by a trustee, mortgagee, etc., expressed to convey as trustee, mortgagee, personal representative, committee or receiver of a person of unsound mind or under an order of Court, etc.

For covenants implied upon a conveyance for value made after 1925 (not being a mortgage and not being a lease for rent) of any land affected by a rent-charge and for similar covenants upon an assignment for value made after 1925 (not being a mortgage) of a lease, see s. 77, (English) L.P. Act, 1925, and 2nd Sch. As to cross powers of distress and entry, see L.P. Act, 1925, s. 190. For covenants implied in respect of registered land, see Land Registration Act, 1925, and Land Registry Rules, r. 77.