When does the statute of limitations for future covenants begin to run?

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The statute of limitations for future covenants begins to run when the grantee is disturbed in possession. This is because future covenants, such as the covenant of quiet enjoyment or the covenant against encumbrances, protect the grantee from future claims and disturbances related to the property.

The key aspect of future covenants is that they provide remedies to the grantee when a breach occurs, which typically happens when the grantee experiences an actual disturbance or claim against their possession of the property. The running of the statute is tied to the moment the grantee has a cause of action, which is established by the disturbance in possession, allowing them to seek legal recourse for the covenant breach.

Timing related to the delivery of the deed, the sale of the property, or notification to the grantor is not relevant in this context, as they do not trigger a grantee's right to assert the covenant in the same way that a disturbance in possession does. Thus, the moment a grantee faces an actual issue regarding their use or ownership of the property marks the commencement of the statute of limitations for future covenants.

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