§ 253 — Construction of covenants in grants of freehold interests

New York § 253

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 8: Conveyances and Mortgages

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§ 253. Construction of covenants in grants of freehold interests. In\ngrants of freehold interests in real property, the following or similar\ncovenants must be construed as follows:\n 1. Seizin.-- A covenant that the grantor "is seized of the said\npremises (described) in fee simple, and has good right to convey the\nsame," must be construed as meaning that such grantor, at the time of\nthe execution and delivery of the conveyance, is lawfully seized of a\ngood, absolute and indefeasible estate of inheritance in fee simple, of\nand in all and singular the premises thereby conveyed, with the\ntenements, hereditaments and appurtenances thereto belonging, and has\ngood right, full power and lawful authority to grant and convey the same\nby the said conveyance.\n 2. Quiet enjoyment.-- A covenant that the grantee "shall quietly enjoy\nthe said premises," must be construed as meaning that such grantee, his\nheirs, successors and assigns, shall and may, at all times thereafter,\npeaceably and quietly have, hold, use, occupy, possess and enjoy the\nsaid premises, and every part and parcel thereof, with the\nappurtenances, without any let, suit, trouble, molestation, eviction, or\ndisturbance of the grantor, his heirs, successors or assigns, or any\nperson or persons lawfully claiming or to claim the same.\n 3. Freedom from incumbrances.-- A covenant "that the said premises are\nfree from incumbrances," must be construed as meaning that such premises\nare free, clear, discharged and unincumbered of and from all former and\nother gifts, grants, titles, charges, estates, judgments, taxes,\nassessments, liens and incumbrances, of what nature or kind soever.\n 4. Further assurance.-- A covenant that the grantor will "execute or\nprocure any further necessary assurance of the title to said premises,"\nmust be construed as meaning that the grantor and his heirs, or\nsuccessors, and all and every person or persons whomsoever lawfully or\nequitably deriving any estate, right, title or interest of, in, or to\nthe premises conveyed by, from, under, or in trust for him or them,\nshall and will at any time or times thereafter upon the reasonable\nrequest, and at the proper costs and charges of the grantee, his heirs,\nsuccessors and assigns, make, do, and execute, or cause to be made, done\nand executed, all and every such further and other lawful and reasonable\nacts, conveyances and assurances in the law for the better and more\neffectually vesting and confirming the premises thereby granted or so\nintended to be, in and to the grantee, his heirs, successors or assigns\nforever, as by the grantee, his heirs, successors or assigns, or his or\ntheir counsel learned in the law, shall be reasonably advised or\nrequired.\n 5. Warranty of title.-- A covenant that the grantor "will forever\nwarrant the title" to the said premises, must be construed as meaning\nthat the grantor and his heirs, or successors, the premises granted, and\nevery part and parcel thereof, with the appurtenances, unto the grantee,\nhis heirs, successors or assigns, against the grantor and his heirs or\nsuccessors, and against all and every person or persons whomsoever\nlawfully claiming or to claim the same shall and will warrant and\nforever defend.\n 6. Grantor has not incumbered.-- A covenant that the grantor "has not\ndone or suffered anything whereby the said premises have been\nincumbered," must be construed as meaning that the grantor has not made,\ndone, committed, executed, or suffered any act or acts, thing or things\nwhatsoever, whereby or by means whereof, the above mentioned and\ndescribed premises, or any part or parcel thereof, now are, or at any\ntime hereafter shall or may be impeached, charged or incumbered in any\nmanner or way whatsoever.\n