North Dakota § 32-03-12 Damages for breach of covenant against encumbrances

North Dakota Statutes

§ 32-03-12 — Damages for breach of covenant against encumbrances

North Dakota § 32-03-12

Title 32Judicial Remedies

Ch. 32-03Damages and Compensatory Relief

This text of North Dakota § 32-03-12 (Damages for breach of covenant against encumbrances) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-03-12 (2026).

Text

The detriment caused by the breach of a covenant against encumbrances in a grant of an
estate in real property is deemed to be the amount which has been expended actually by the
covenantee in extinguishing either the principal or interest thereof, not exceeding in the former
case a proportion of the price paid to the grantor, equivalent to the relative value at the time of
the grant of the property affected by the breach as compared with the whole, or, in the latter
case, interest on a like amount.

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The detriment caused by the breach of a covenant against encumbrances in a grant of an
estate in real property is deemed to be the amount which has been expended actually by the
covenantee in extinguishing either the principal or interest thereof, not exceeding in the former
case a proportion of the price paid to the grantor, equivalent to the relative value at the time of
the grant of the property affected by the breach as compared with the whole, or, in the latter
case, interest on a like amount.