THE COVENANTS IMPLIED WHEN A PARTY TO A PROPERTY TRANSACTION ACTS IN A CAPACITY AS A BENEFICIAL OWNER

 ARE: S.7(b)CA 1881

1. He has the right to convey 

2. He has given the purchaser the right to quite enjoyment and possession of the property  

3. The property is free from any encumbrances and claims other than those disclosed.

4. He gives a further assurancesto the purchaser to indemnify him if the title is bad.

 

IF IT IS IN A LEASE, THE COVENANTS IMPLIED WHEN THE LESSOR ACTS AS A BENEFICIAL OWNER ARE:

1. He has the right to convey 

2. He has given the purchaser the right to quite enjoyment and possession of the property  

3. The property is free from any encumbrances 

4. He gives a further assurances to the purchaser to indemnify him if the title is bad 

5. the lease is valid and still subsisting 

6. all the covenants on the land have been performed 

 

IF IT IS IN A MORTGAGE, THE COVENANTS IMPLIED WHEN THE MORTGAGOR ACTS AS A BENEFICIAL OWNER are: 

1. He has the right to convey 

2. He has given the purchaser the right to quite enjoyment and possession of the property  

3. The property is free from any encumbrances 

4. He gives a further assurances to the purchaser to indemnify him if the title is bad 

5. the lease is valid and still subsisting 

6. all the covenants on the land have been performed 

7. that the mortgagor covenants to repay the loan and interest.