Robert purchased a home in Stamford and received a general warranty deed from the seller. Three years later, a neighbor produces a recorded easement that predates Robert's seller's ownership and restricts use of a portion of Robert's backyard. Robert was unaware of the easement at closing. Under Connecticut law, which covenant in Robert's general warranty deed has most likely been breached?
Correct Answer
C) Covenant against encumbrances
A pre-existing recorded easement is an encumbrance on title. The covenant against encumbrances is a present covenant breached at delivery whenever an undisclosed encumbrance (such as an easement) exists at the time of conveyance.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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