Helen received a property in Talbot County by quitclaim deed from her brother James in 2019. James had received the property by general warranty deed from a prior owner in 2015. In 2024, a title defect is discovered that predates James's 2015 acquisition. Helen sues the prior owner who gave James the general warranty deed. Which of the following best describes Helen's legal position?
Correct Answer
A) Helen can sue the prior owner directly because warranty covenants run with the land and are enforceable by all subsequent grantees
Under Maryland law and the common law doctrine of covenants running with the land, warranty covenants contained in a deed run with the land and are enforceable by subsequent grantees in the chain of title, even if those subsequent grantees received title by quitclaim deed. When James received the property by general warranty deed in 2015, the warranty covenants became part of the chain of title. When Helen received the property by quitclaim deed in 2019, she stepped into the chain of title and can enforce the warranty covenants made by the prior owner to James against that prior owner, because those covenants run with the land. Helen does not need a separate assignment of James's rights to enforce the running covenant.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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.
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