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The Covenant Against


THE COVENANT AGAINST A covenant against incumbrances is regarded in this country as an independent cove nant, and is usually worded as follows: "And that the premises are free and clear of all incumbrances whatsoever." When this covenant stands alone it is broken as soon as made, if there exists any incum brance on the land.

It is sometimes coupled with the covenant for quiet enjoyment, and as the covenant for quiet enjoy ment is a covenant in futuro, when the two are thus coupled, it makes of the covenant against incum brances a contract in futuro. The time of the break ing of the covenant is important on account of the statute of limitation beginning to run from that time. So that if the covenant against incumbrances stands alone, it is broken when the deed is made and the stat ute begins to run immediately, which is not the case if it is coupled with the covenant of quiet enjoyment, in which case the covenant is not broken until the quiet enjoyment is disturbed, that is, until an action is brought by someone to oust the party.