We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Usual Covenants: Key Legal Concepts in Real Estate Transactions
Definition & Meaning
The term usual covenants in a real estate contract refers to the seller's commitments regarding the deed they will provide to the buyer. These covenants typically include:
The covenant to warrant and defend the title
The covenant of seisin, which confirms the seller has the right to sell the property
The covenant against encumbrances, ensuring the property is free from liens or other claims
The covenant for quiet enjoyment, which protects the buyer from disturbances in their ownership
The covenant for further assurance, which is an additional promise to secure the buyer's title
Table of content
Legal Use & context
Usual covenants are primarily used in real estate transactions. They play a crucial role in ensuring that the buyer receives a clear and marketable title to the property. These covenants are essential in various legal areas, particularly in property law and contract law. Users can often manage these transactions themselves by utilizing legal templates available through resources like US Legal Forms, which provide professionally drafted documents to ensure compliance with legal standards.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner sells their property to a buyer and includes usual covenants in the sale contract. This ensures that the buyer can confidently purchase the home, knowing that the seller will defend their ownership against any claims.
Example 2: A buyer discovers after purchasing a property that there are liens against it. If the seller included a covenant against encumbrances, the buyer may have legal recourse against the seller for not fulfilling this obligation. (hypothetical example)
State-by-state differences
State
Variation in Usual Covenants
California
Usual covenants are commonly included in residential purchase agreements.
Texas
Standard forms often include additional covenants specific to local laws.
New York
Usual covenants may have specific wording requirements under state law.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Warranty deed
A deed that guarantees a clear title to the buyer.
Usual covenants are components of a warranty deed, ensuring specific assurances.
Quitclaim deed
A deed that transfers whatever interest the seller has without warranties.
Unlike usual covenants, a quitclaim deed offers no guarantees about the title.
Common misunderstandings
What to do if this term applies to you
If you are involved in a real estate transaction, ensure that the contract includes the usual covenants. Review the terms carefully and consider using legal templates from US Legal Forms to streamline the process. If you encounter complexities, it may be beneficial to consult a legal professional for tailored advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.