A Massachusetts seller is conveying property using a deed that contains the statutory short form covenant language 'with quitclaim covenants.' Under MGL Chapter 183, which of the following covenants is implied by this language?
Correct Answer
C) The grantor covenants that they are lawfully seized, have good right to sell, and that the premises are free from encumbrances made by the grantor only
Under MGL Chapter 183, Section 10, the statutory short form 'with quitclaim covenants' implies that the grantor covenants: (1) that they are lawfully seized of the premises in fee simple; (2) that they have good right to sell and convey the same; (3) that the premises are free from all encumbrances made by the grantor; and (4) that the grantor will warrant and defend the title against the lawful claims of all persons claiming by, through, or under the grantor. These covenants are limited to the grantor's period of ownership — they do not extend to defects or encumbrances created before the grantor acquired title.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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