ND Bar Practice Questions - North Dakota Bar Examination Exam

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A seller's general warranty deed includes the covenant of quiet enjoyment. Years after closing, a third party with paramount title evicts the buyer. The covenant of quiet enjoyment is best described as:

A present covenant breached, if at all, only at the moment of conveyance A covenant enforceable only against the original grantee A covenant that never runs with the land A future covenant breached when the grantee is actually or constructively evicted by someone with paramount title

Correct Answer:

A future covenant breached when the grantee is actually or constructively evicted by someone with paramount title

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