Arizona § 33-435 Covenants implied from word "grant" or "convey"

Arizona Statutes

§ 33-435 — Covenants implied from word "grant" or "convey"

Arizona § 33-435

Title 33Arizona Revised Statutes

Ch. 4CONVEYANCES AND DEEDS

Art. 3Rules of Construction and Interpretation

This text of Arizona § 33-435 (Covenants implied from word "grant" or "convey") is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 33-435 (2026).

Text

A.If the word "grant" or the word "convey" is used in a conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants and none other, on the part of the grantor for himself and his heirs, to the grantee and his heirs and assigns, are implied unless restrained by express terms contained in the conveyance:

1.That previous to the time of execution of the conveyance the grantor has not conveyed the same estate or any right, title or interest therein, to any person other than the grantee.

2.That the estate is at the time of execution of the conveyance free from encumbrances.

B.As used in this section, the term "encumbrances" includes taxes, assessments and all liens on real property.

C.The implied covenants may be sued upon in the same manner as if

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A. If the word "grant" or the word "convey" is used in a conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants and none other, on the part of the grantor for himself and his heirs, to the grantee and his heirs and assigns, are implied unless restrained by express terms contained in the conveyance:

1. That previous to the time of execution of the conveyance the grantor has not conveyed the same estate or any right, title or interest therein, to any person other than the grantee.

2. That the estate is at the time of execution of the conveyance free from encumbrances.

B. As used in this section, the term "encumbrances" includes taxes, assessments and all liens on real property.

C. The implied covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.