Covenant of Seisin
In real estate, the covenant of seisin is a legal promise made by the seller (grantor) to the buyer (grantee) in a deed, ensuring that the seller has rightful ownership and possession of the property being conveyed. This covenant guarantees that the seller has the legal authority and capacity to transfer the property to the buyer.
Key aspects of the covenant of seisin include:
1. Ownership Guarantee: The covenant assures the buyer that the seller is the true owner of the property and holds valid title to it. It confirms that the seller possesses the right to sell the property and transfer ownership to the buyer.
2. Right to Transfer: The covenant ensures that the seller has the legal authority and capacity to convey the property to the buyer without any encumbrances or legal restrictions. It affirms that the seller has the power to transfer ownership rights to the buyer.
3. Protection Against Title Defects: The covenant of seisin protects the buyer against any challenges to the seller’s ownership or claims of adverse possession by third parties. It provides assurance that the buyer will receive clear and marketable title to the property.
The covenant of seisin is a fundamental aspect of real estate transactions, providing buyers with confidence in the validity and enforceability of their ownership rights. If the seller breaches this covenant by conveying property that they do not own or that is subject to undisclosed defects in title, the buyer may have legal recourse against the seller for damages or other remedies.
Overall, the covenant of seisin serves to protect the buyer’s interests by ensuring that they receive clear and undisputed ownership of the property being conveyed. Sellers should include this covenant in the deed to provide buyers with the necessary assurances and protections regarding the property’s ownership status.