As previously mentioned, there are six covenants for title that are guaranteed through general warranty deeds. A covenant can be defined as a promise or guarantee. Those covenants can be broken down into present covenants, meaning the assurances that are guaranteed upon purchase, and future covenants, or the covenants guaranteed through the life of your ownership. The three present covenants for title are the (i) covenant of seisin, the (ii) covenant against encumbrances, and the (iii) covenant of the right to covey.

1. Covenant of Seisin: The covenant of seisin is a covenant where the seller warrants that he or she has the interest in the property that he or she is purporting to convey to a buyer. "Seisin", a word that is derived from the Middle Ages, essentially meant possession of an estate in land that was worthy to be held by a free man. In modern times, it means that the person who sells the property has both title to the property and possession of the property at the time of the conveyance. As the seller or grantor, you own the interest that you claim to own, and you have possession such that you have the right to convey it at this present time.

2. Covenant Against Encumbrances: A covenant against encumbrances is a covenant where the seller assures the buyer that there are no encumbrances on the physical property itself, or in the title to the property. An encumbrance is something that limits or affects a piece of real property. For example, a mortgage or a lien would be an encumbrance on the title to the property. An easement, or a non-possessory interest in land that gives someone the right to use the land, would also be an encumbrance. As the seller or grantor, you warrant under this covenant that there are no such encumbrances to the title or the property itself.

3. Covenant of the Right to Convey: A covenant of the right to convey is a covenant where the seller assures the buyer that he or she has the authority to convey the interest in land that he or she is transferring. This is a basic and straightforward covenant that is satisfied by holding title to the property, and holding title that reflects the interest that one is contending to grant to a buyer.

Next, let’s explore the future covenants guaranteed in general warranty deeds.