What triggers the statute of limitations for a present covenant in a deed?

The statute of limitations for a present covenant in a deed is triggered at the time the deed is delivered. A present covenant, such as a covenant of seisin or a covenant against encumbrances, is a promise made by the grantor at the time of the transfer of property. Delivery of the deed signifies that the grantor is intent on transferring ownership to the grantee, and at this moment, the covenants present in the deed become actionable.

Once the deed is delivered, the grantee has the right to assert their claims based on the covenants in the deed. This establishes the timeline for any limitation period that may apply should the covenants be breached, typically commencing at delivery rather than at other stages such as recording or possession. Recording the deed, while important for protecting interests against third parties, does not impact the start of the limitations period for the covenants themselves. Thus, the delivery of the deed is a key event that establishes the legal effect of the present covenants contained within it.