Covenant of Quiet Enjoyment
In real estate, the covenant of quiet enjoyment is a promise made by the seller (grantor) to the buyer (grantee) in a deed, guaranteeing that the buyer will have undisturbed possession and use of the property without interference from third parties claiming an interest in the property. This covenant ensures that the buyer can enjoy the property peacefully and without disturbance, free from any actions or claims that would disrupt their right to use and occupy the property.
Key aspects of the covenant of quiet enjoyment include:
1. Freedom from Interference: The covenant guarantees that the buyer will not be disturbed or interfered with in their possession, use, or enjoyment of the property by the seller, previous owners, or any other third parties claiming an interest in the property.
2. Protection Against Title Defects: The covenant protects the buyer against any defects or challenges to their title that may arise after the sale, including claims of ownership, liens, encumbrances, or other interests that could disrupt the buyer’s right to quiet enjoyment of the property.
3. Remedy for Disturbances: If the buyer’s quiet enjoyment of the property is disturbed by actions or claims from third parties, the covenant obligates the seller to take appropriate measures to remedy the disturbance and restore the buyer’s peaceful possession and use of the property.
The covenant of quiet enjoyment provides buyers with important legal protection and assurance that they will be able to enjoy their property without interference or disturbance. If the seller breaches this covenant by allowing third-party interference with the buyer’s possession or use of the property, the buyer may have recourse against the seller for damages or other legal remedies.
Overall, the covenant of quiet enjoyment is a fundamental component of real estate transactions, providing buyers with confidence that they will be able to use and enjoy their property peacefully and without disruption. Sellers should ensure that this covenant is included in the deed to provide buyers with the necessary assurances and protections regarding their right to quiet enjoyment of the property.
