North Dakota § 47-10-19 Covenants implied from use of word grant

North Dakota Statutes

§ 47-10-19 — Covenants implied from use of word grant

North Dakota § 47-10-19

Title 47Property

Ch. 47-10Real Property Transfers

This text of North Dakota § 47-10-19 (Covenants implied from use of word grant) 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 § 47-10-19 (2026).

Text

From the use of the word "grant" in any 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 the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns, are implied unless restrained by express terms contained in such conveyance:

1.That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, nor any right, title, or interest therein, to any person other than the grantee; and

2.That such estate, at the time of the execution of such conveyance, is free from encumbrances done, made, or suffered by the grantor, or any person claiming under the grantor. Such covenants may be sued upon in the same manner as if they had been i

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From the use of the word "grant" in any 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
the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns, are
implied unless restrained by express terms contained in such conveyance:
1. That previous to the time of the execution of such conveyance, the grantor has not
conveyed the same estate, nor any right, title, or interest therein, to any person other
than the grantee; and
2. That such estate, at the time of the execution of such conveyance, is free from
encumbrances done, made, or suffered by the grantor, or any person claiming under
the grantor. Such covenants may be sued upon in the same manner as if they had
been inserted expressly in the conveyance.