N.Y. Real Property Law § 253: Construction of covenants in grants of freehold interests

§ 253. Construction of covenants in grants of freehold interests. In

grants of freehold interests in real property, the following or similar

covenants must be construed as follows:

1. Seizin.-- A covenant that the grantor "is seized of the said

premises (described) in fee simple, and has good right to convey the

same," must be construed as meaning that such grantor, at the time of

the execution and delivery of the conveyance, is lawfully seized of a

good, absolute and indefeasible estate of inheritance in fee simple, of

and in all and singular the premises thereby conveyed, with the

tenements, hereditaments and appurtenances thereto belonging, and has

good right, full power and lawful authority to grant and convey the same

by the said conveyance.

2. Quiet enjoyment.-- A covenant that the grantee "shall quietly enjoy

the said premises," must be construed as meaning that such grantee, his

heirs, successors and assigns, shall and may, at all times thereafter,

peaceably and quietly have, hold, use, occupy, possess and enjoy the

said premises, and every part and parcel thereof, with the

appurtenances, without any let, suit, trouble, molestation, eviction, or

disturbance of the grantor, his heirs, successors or assigns, or any

person or persons lawfully claiming or to claim the same.

3. Freedom from incumbrances.-- A covenant "that the said premises are

free from incumbrances," must be construed as meaning that such premises

are free, clear, discharged and unincumbered of and from all former and

other gifts, grants, titles, charges, estates, judgments, taxes,

assessments, liens and incumbrances, of what nature or kind soever.

4. Further assurance.-- A covenant that the grantor will "execute or

procure any further necessary assurance of the title to said premises,"

must be construed as meaning that the grantor and his heirs, or

successors, and all and every person or persons whomsoever lawfully or

equitably deriving any estate, right, title or interest of, in, or to

the premises conveyed by, from, under, or in trust for him or them,

shall and will at any time or times thereafter upon the reasonable

request, and at the proper costs and charges of the grantee, his heirs,

successors and assigns, make, do, and execute, or cause to be made, done

and executed, all and every such further and other lawful and reasonable

acts, conveyances and assurances in the law for the better and more

effectually vesting and confirming the premises thereby granted or so

intended to be, in and to the grantee, his heirs, successors or assigns

forever, as by the grantee, his heirs, successors or assigns, or his or

their counsel learned in the law, shall be reasonably advised or

required.

5. Warranty of title.-- A covenant that the grantor "will forever

warrant the title" to the said premises, must be construed as meaning

that the grantor and his heirs, or successors, the premises granted, and

every part and parcel thereof, with the appurtenances, unto the grantee,

his heirs, successors or assigns, against the grantor and his heirs or

successors, and against all and every person or persons whomsoever

lawfully claiming or to claim the same shall and will warrant and

forever defend.

6. Grantor has not incumbered.-- A covenant that the grantor "has not

done or suffered anything whereby the said premises have been

incumbered," must be construed as meaning that the grantor has not made,

done, committed, executed, or suffered any act or acts, thing or things

whatsoever, whereby or by means whereof, the above mentioned and

described premises, or any part or parcel thereof, now are, or at any

time hereafter shall or may be impeached, charged or incumbered in any

manner or way whatsoever.