California CodesCivil Code - CIVDivision 2 — PropertyPart 4 — Acquisition of PropertyTitle 4 — TransferChapter 2 — Transfer of Real PropertyArticle 2 — Effect of TransferSection 1113

From the use of the word “grant” in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied, unless restrained by express terms contained in such conveyance:

1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee;

2. That such estate is at the time of the execution of such conveyance free from incumbrances done, made, or suffered by the grantor, or any person claiming under him.

Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

Notes

Establishes that using “grant” in a conveyance passing an inheritance estate or fee simple implies only two covenants unless express terms limit them: the grantor has not previously conveyed the same interest to another, and the estate is free from encumbrances created or suffered by the grantor or claimants under the grantor. The implied covenants are independently enforceable.

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