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The Covenant for Further Assurance


THE COVENANT FOR FURTHER ASSURANCE. The word assurance is the old term for deed, and means the same as the deed or instrument by which the title or ad ditional claim of title is transferred. The grantee is assured by this covenant that the grantor will exe cute any additional deed which may be necessary to make the title perfect. So that if in the future the grantor obtains a better title than he had at the time of conveying, the grantee may go to him and secure a further quit claim deed, and make him pay the costs of any proceeding necessary to secure such further deed.

An action at law cannot be maintained for a breach of this covenant until the covenantor has been re quested to make such further assurance. But only such acts may be required of the covenantor under this covenant as are necessary, practicable, and law ful. The great advantage of this covenant is that it gives the grantee the power to enforce specific per formance of the transfer of title, where the grantor has subsequently come into possession of a further and better title.