Who can enforce future covenants in a deed?

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Future covenants in a deed, such as covenants of seisin, warranty, and quiet enjoyment, can be enforced by anyone who receives a general warranty deed during successive conveyances. These covenants benefit the grantee and create obligations on the part of the grantor that run with the land, meaning that subsequent purchasers also have the right to enforce these covenants.

When a person receives a general warranty deed, they obtain not only the title to the property but also the protection of the covenants that the grantor has promised. This extends to subsequent purchasers, as these covenants are designed to ensure that future owners can rely on the title's current quality and the integrity of the property.

Possession alone does not provide the legal ability to enforce future covenants, which typically require some form of transfer of title or interest. Moreover, remote grantees may not have the ability to enforce these covenants in all situations unless they are directly connected through deeds that encompass those covenants. The original grantor retains the right to enforce the covenant but is not the only party with standing; thus, subsequent owners are also granted that right through the terms of a general warranty deed.

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