Which of the following is a present covenant in a General Warranty Deed?

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

In a General Warranty Deed, a present covenant is one that is breached, if at all, at the time the deed is delivered. The covenant of seisin is a present covenant because it guarantees that the grantor owns the property and has the right to convey it to the grantee at the moment the deed is executed. This means that the grantor is assuring the grantee that they possess the title and can validly transfer ownership.

The other covenants mentioned are related to the title but they fall under the category of future covenants. The covenant against encumbrances promises that the property is free from liens or other encumbrances not disclosed at the time of the conveyance, and is a future covenant because it relates to the condition of the title after the conveyance takes place. The covenant of further assurances obligates the grantor to take actions in the future to perfect the title if necessary. Although important, it is also a future covenant. The covenant of general warranty provides the grantee with a promise that the grantor will defend against any claims to the title, which, again, pertains to future obligations.

Thus, the covenant of seisin stands out as the only present covenant in this context, making it the correct answer

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