North Dakota Further Assurances
Description
How to fill out Further Assurances?
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FAQ
A North Dakota property owner may transfer or retitle real estate during the owner's life using a signed, written deed. A North Dakota deed must satisfy the legal requirements described below to be eligible for recording and to legally transfer title to the new owner.
A covenant of further assurances is the related promise that the grantor will do whatever is necessary to remove a defect associated with title, such as an encumbrance, if it arises, and if the problem is not fixed, damages will be awarded. The express promise of doing whatever is necessary is a huge promise.
Quiet enjoyment refers to the right of a tenant to peacefully enjoy its premises without interference from a landlord. The case London Prestige Ltd v Wellington Harlech Centre Inc.,1 outlines the current test for quiet enjoyment.
The three future covenants embodied within a general warranty deed are the covenants of quiet enjoyment, warranty and further assurances. Future covenants run with the land and can be enforced by remote grantees.
Real property defined. Real or immovable property consists of: 1. Land; 2. That which is affixed to land, including manufactured homes as defined in section 41-09-02 with respect to which the requirements of subsection 6 of section 47-10-27 have been satisfied; 3. That which is incidental or appurtenant to land; and 4.
After-acquired title. When a person purports by proper instrument to convey real property in fee simple and subsequently acquires any title or claim of title to the real property, the real property passes by operation of law to the person to whom the property was conveyed or that person's successor.
Future covenants are the covenants of further assurance, quiet enjoyment, and warranty. They are called future because they can be breached in the future after the deed is delivered. Future covenants are transferable and run with the land.
An example would be if a buyer entered a covenant of seisin with a property owner only to find that their assets were being seized as part of a bankruptcy proceeding. In that case, the land or home that the buyer purchased would be considered part of the grantor's assets.
