33-435. Covenants implied from word " grant" or " convey"
A. If the word " grant" or the word " convey" is used in a conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants and none other, on the part of the grantor for himself and his heirs, to the grantee and his heirs and assigns, are implied unless restrained by express terms contained in the conveyance:
1. That previous to the time of execution of the conveyance the grantor has not conveyed the same estate or any right, title or interest therein, to any person other than the grantee.
2. That the estate is at the time of execution of the conveyance free from encumbrances.
B. As used in this section, the term " encumbrances" includes taxes, assessments and all liens on real property.
C. The implied covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
Section: Previous 33-423 33-424 33-431 33-432 33-433 33-434 33-434.01 33-435 33-436 33-437 33-438 33-439 33-440 33-441 33-442 NextLast modified: October 13, 2016