2006 New York Code - 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.