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Session Laws, 1974
Volume 713, Page 259   View pdf image
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MARVIN MANDEL, Governor                               259

A COVENANT BY THE GRANTOR IN A DEED THAT THE
GRANTEE "SHALL QUIETLY ENJOY THE LAND," HAS THE SAME
EFFECT AS IF HE HAD COVENANTED THAT THE GRANTEE AT ANY
TIME THEREAFTER, MIGHT PEACEABLY AND QUIETLY ENTER ON,
AND HAVE, HOLD, AND ENJOY THE LAND GRANTED BY THE DEED,
OR INTENDED TO BE GRANTED, WITH ALL THE RIGHTS,
PRIVILEGES, AND APPURTENANCES BELONGING TO IT, AND TO
RECEIVE THE RENTS AND PROFITS FOR HIS USE AND BENEFIT,
WITHOUT ANY EVICTION, INTERRUPTION, SUIT, CLAIM, OR
DEMAND, BY THE GRANTOR AND FREE FROM ANY CLAIM OR DEMAND
BY ANY OTHER PERSON.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-109 of the Code. The phrase "for
land" is proposed for deletion as superfluous
in light of the definition of "deed" in
§1—101(c). The word "conveyed" is proposed
for deletion in light of the definition of
"grant" in §1—101(e). This revision, however,
is not intended to prohibit the use of
"conveyed" in a form.

The present reference to "his heirs and
assigns" is proposed for deletion as
unnecessary in light of §1—103.

New language is added to indicate that the
covenant of quiet enjoyment guarantees against
only the lawful claims and demands of persons
other than the grantor.

The only other changes are in style.

2-110. EFFECT OF CONVENANT THAT GRANTOR HAS DONE NO ACT
TO ENCUMBER.

A COVENANT BY THE GRANTOR IN A DEED, "THAT HE HAS
DONE NO ACT TO ENCUMBER THE LAND," HAS THE SAME EFFECT AS
IF HE HAD COVENANTED THAT HE HAD NOT DONE, EXECUTED, OR
KNOWINGLY SUFFERED ANY ACT OR DEED WHEREBY THE LAND
GRANTED, OR INTENDED TO BE, OR ANY PART OF IT, ARE OR
WILL BE CHARGED, AFFECTED, OR ENCUMBERED IN TITLE,
ESTATE, OR OTHERWISE.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-110 of the Code. The phrase "for
land" is proposed for deletion as superfluous
in light of the definition of "deed" in
§1-101(c). The phrase "be construed and" is
proposed for deletion because it is
unnecessary. The present reference to "thing"
is proposed for deletion as superfluous in
light of the use of the phrase "any act,
deed." The phrase "and premises" is proposed

 

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Session Laws, 1974
Volume 713, Page 259   View pdf image
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