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Covenant of Seisin: A Key Legal Concept in Property Ownership
Definition & Meaning
The covenant of seisin is a legal promise made in a property deed that guarantees the seller has the legal right to transfer ownership of the property. This covenant is considered more significant than the covenant for quiet enjoyment, which ensures that the buyer can possess the property without interference. If a buyer is evicted due to a failure of title, they can seek remedies under both covenants, but they must choose one for their claim while taking nominal damages for the other.
Table of content
Legal Use & context
The covenant of seisin is primarily used in real estate law. It is crucial during property transactions, as it protects buyers from disputes regarding ownership. This term is relevant in civil law, particularly in property disputes and transactions. Users can manage related legal documents, such as deeds, using templates available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) If a person purchases a home and later discovers that the seller did not have the right to sell it, the buyer can claim a breach of the covenant of seisin. They may seek a refund of the purchase price, plus interest, but cannot claim for improvements made to the property.
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes
California
Strong protections for buyers under state law regarding covenants.
New York
Case law emphasizes the importance of the covenant of seisin in property disputes.
Texas
Specific statutory requirements for property deeds may affect the interpretation of covenants.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Covenant for quiet enjoyment
Guarantees the buyer can possess the property without interference.
Inferior to the covenant of seisin; focuses on possession rather than ownership.
Covenant of warranty
Promises that the seller will defend the title against claims.
More about defending ownership than guaranteeing it at the time of sale.
Common misunderstandings
What to do if this term applies to you
If you believe you have been affected by a breach of the covenant of seisin, consider the following steps:
Review your property deed to understand the covenants included.
Gather any documentation related to your purchase and any eviction notices.
Consult a legal professional for advice tailored to your situation.
Explore US Legal Forms for templates that can assist you in filing claims or managing disputes.
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