Which covenant of title guarantees the ownership of the property by the seller?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

The covenant of seisin is the provision that guarantees the seller actually owns the property and has the right to sell it. This covenant assures the buyer that the seller is not only in possession of the property but also holds the title to it, meaning that the seller has legal ownership.

When this covenant is part of a deed, it reinforces the principle that the seller possesses the full rights to the property and can convey those rights to the buyer. If a seller were to breach this covenant, the buyer could potentially pursue legal action to recover damages, as the buyer relied on this assurance when making the purchase.

Other covenants, such as the covenant of quiet enjoyment, typically protect against disturbances by third parties, while the covenant against encumbrances deals with any claims or liens affecting the property that might impede the buyer's full enjoyment of it. The covenant of further assurances involves the seller's promise to perform additional steps if necessary to perfect the title. However, neither of these directly assures ownership like the covenant of seisin does.

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