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Property Ownership TransferDeeds_nyEASY

Lisa receives a deed to property in Syracuse that contains the covenant of quiet enjoyment. Two years later, a neighbor successfully proves they own a 10-foot strip of Lisa's backyard through adverse possession. Under New York law, which party may be liable to Lisa for breach of covenant?

Correct Answer

A) The grantor who gave Lisa the deed containing the covenant of quiet enjoyment

The covenant of quiet enjoyment is a warranty by the grantor that the grantee will not be disturbed in their possession by someone with superior title. When the neighbor successfully proves ownership through adverse possession, this constitutes a breach of the covenant of quiet enjoyment, and the grantor who made this covenant may be liable to Lisa for damages.

Answer Options
A
The grantor who gave Lisa the deed containing the covenant of quiet enjoyment
B
The neighbor who claimed the strip through adverse possession
C
The title insurance company if Lisa purchased an owner's policy
D
The county clerk who recorded the defective deed

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Related Topics & Key Terms

Key Terms:

quiet_enjoymentcovenant_breachadverse_possessiongrantor_liability
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