In the covenants of title mnemonic, which covenant expresses the right to convey?

In the covenants of title mnemonic, which covenant expresses the right to convey?

• A. Covenant of Season
• B. Covenant of Quiet Enjoyment
• C. Covenant of the right to CONvey
• D. Covenant of Further Assistance

Answer: (C)

The key idea is the grantor’s authority to transfer the property. The covenant of the right to convey is the promise that the grantor actually has the legal power to transfer the estate and that the title being conveyed can be lawfully transferred to the grantee. It’s the explicit assurance that the grantor isn’t conveying something they don’t own or can’t transfer, protecting the grantee from later claims that the title cannot be conveyed. In the standard set of covenants of title, you’re also reminded by the mnemonic to focus on the conveyance aspect with the cue about CONvey. The other covenants cover different assurances—possession (seisin), protection against undisclosed encumbrances, the right to enjoy without disturbance, and future acts to perfect title—but none of those say the grantor has the power to convey.

The key idea is the grantor’s authority to transfer the property. The covenant of the right to convey is the promise that the grantor actually has the legal power to transfer the estate and that the title being conveyed can be lawfully transferred to the grantee. It’s the explicit assurance that the grantor isn’t conveying something they don’t own or can’t transfer, protecting the grantee from later claims that the title cannot be conveyed.

In the standard set of covenants of title, you’re also reminded by the mnemonic to focus on the conveyance aspect with the cue about CONvey. The other covenants cover different assurances—possession (seisin), protection against undisclosed encumbrances, the right to enjoy without disturbance, and future acts to perfect title—but none of those say the grantor has the power to convey.