CONVEYANCING ACT 1881

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CONVEYANCING ACT 1881 - SECT 7



7.(1) In a conveyance there shall, in the several cases in this section
mentioned, be deemed to be included, and there shall in those several cases,
by virtue of this Act, be implied, a covenant to the effect in this section
stated, by the person or by each person who conveys, as far as regards the
subject-matter or share of subject-matter expressed to be conveyed by him,
with the person, if one, to whom the conveyance is made, or with the persons
jointly, if more than one, to whom the conveyance is made as joint tenants, or
with each of the persons, if more than one, to whom the conveyance is made as
tenants in common, that is to say:(A) In a conveyance for valuable
consideration, other than a mortgage, the following covenant by a person who
conveys and is expressed to convey as beneficial owner (namely):Quiet
enjoyment.

Freedom from incumbrance.That, notwithstanding anything by the person who so
conveys, or any one through whom he derives title, otherwise than by purchase
for value, made, done, executed, or omitted, or knowingly suffered, the person
who so conveys, has, with the concurrence of every other person, if any,
conveying by his direction, full power to convey the subject-matter expressed
to be conveyed, subject as, if so expressed, and in the manner in which, it is
expressed to be conveyed, and that, notwithstanding anything as aforesaid,
that subject-matter shall remain to and be quietly entered upon, received, and
held, occupied, enjoyed, and taken, by the person to whom the conveyance is
expressed to be made, and any person deriving title under him, and the benefit
thereof shall be received and taken accordingly, without any lawful
interruption or disturbance by the person who so conveys or any person
conveying by his direction, or rightfully claiming or to claim by, through,
under, or in trust for the person who so conveys, or any person conveying by
his direction, or by, through, or under any one not being a person claiming in
respect of an estate or interest subject whereto the conveyance is expressly
made, through whom the person who so conveys derives title, otherwise than by
purchase for value; and that, freed and discharged from, or otherwise by the
person who so conveys sufficiently indemnified against, all such estates,
incumbrances, claims, and demands other than those subject to which the
conveyance is expressly made, as either before or after the date of the
conveyance have been or shall be made, occasioned, or suffered by that person
or by any person conveying by his direction, or by any person rightfully
claiming by, through, under, or in trust for the person who so conveys, or by,
through, or under any person conveying by his direction, or by, through, or
under any one through whom the person who so conveys derives title, otherwise
than by purchase for value; and further, that the person who so conveys, and
any person conveying by his direction, and every other person having or
rightfully claiming any estate or interest in the subject-matter of
conveyance, other than an estate or interest subject whereto the conveyance is
expressly made, by, through, under, or in trust for the person who so conveys,
or by, through, or under any person conveying by his direction, or by,
through, or under any one through whom the person who so conveys derives
title, otherwise than by purchase for value, will, from time to time and at
all times after the date of the conveyance, on the request and at the cost of
any person to whom the conveyance is expressed to be made, or of any person
deriving title under him, execute and do all such lawful assurances and things
for further or more perfectly assuring the subject-matter of the conveyance to
the person to whom the conveyance is made, and to those deriving title under
him, subject as, if so expressed, and in the manner in which the conveyance is
expressed to be made, as by him or them or any of them shall be reasonably
required:

On conveyance of leaseholds for value, by beneficial owner.

(B) In a conveyance of leasehold property for valuable consideration, other
than a mortgage, the following further covenant by a person who conveys and is
expressed to convey as beneficial owner (namely):That, notwithstanding
anything by the person who so conveys or any one through whom he derives title
otherwise than by purchase for value, made, done, executed, or omitted, or
knowingly suffered, the lease or grant creating the term or estate for which
the land is conveyed is, at the time of conveyance a good, valid, and
effectual lease or grant of the property conveyed, and is in full force,
unforfeited, unsurrendered, and in nowise become void or voidable, and that,
notwithstanding anything as aforesaid, all the rents reserved by, and all the
covenants, conditions, and agreements contained in, the lease or grant, and on
the part of the lessee or grantee and the persons deriving title under him to
be paid, observed, and performed, have been paid, observed, and performed up
to the time of conveyance:

On mortgage by beneficial owner.

(C) In a conveyance by way of mortgage, the following covenant by a person who
conveys and is expressed to convey as beneficial owner (namely):Quiet
enjoyment.

Freedom from incumbrance.That the person who so conveys, has, with the
concurrence of every other person, if any, conveying by his direction, full
power to convey the subject-matter expressed to be conveyed by him, subject
as, if so expressed, and in the manner in which it is expressed to be
conveyed; and also that, if default is made in payment of the money intended
to be secured by the conveyance, or any interest thereon, or any part of that
money or interest, contrary to any provision in the conveyance, it shall be
lawful for the person to whom the conveyance is expressed to be made, and the
persons deriving title under him, to enter into and upon, or receive, and
thenceforth quietly hold, occupy, and enjoy or take and have, the
subject-matter expressed to be conveyed, or any part thereof, without any
lawful interruption or disturbance by the person who so conveys, or any person
conveying by his direction, or any other person not being a person claiming in
respect of an estate or interest subject whereto the conveyance is expressly
made; and that, freed and discharged from, or otherwise by the person who so
conveys sufficiently indemnified against, all estates, incumbrances, claims,
and demands whatever, other than those subject whereto the conveyance is
expressly made; and further, that the person who so conveys and every person
conveying by his direction, and every person deriving title under any of them,
and every other person having or rightfully claiming any estate or interest in
the subject-matter of conveyance, or any part thereof, other than an estate or
interest subject whereto the conveyance is expressly made, will from time to
time and at all times, on the request of any person to whom the conveyance is
expressed to be made, or of any person deriving title under him, but, as long
as any right of redemption exists under the conveyance, at the cost of the
person so conveying, or of those deriving title under him, and afterwards at
the cost of the person making the request, execute and do all such lawful
assurances and things for further or more perfectly assuring the
subject-matter of conveyance and every part thereof to the person to whom the
conveyance is made, and to those deriving title under him, subject as, if so
expressed, and in the manner in which the conveyance is expressed to be made,
as by him or them or any of them shall be reasonably required:(D) In a
conveyance by way of mortgage of leasehold property, the following further
covenant by a person who conveys and is expressed to convey as beneficial
owner (namely):Payment of rent and performance of covenants.

That the lease or grant creating the term or estate for which the land is held
is, at the time of conveyance, a good, valid, and effectual lease or grant of
the land conveyed and is in full force, unforfeited, and unsurrendered, and in
nowise become void or voidable, and that all the rents reserved by, and all
the covenants, conditions, and agreements contained in the lease or grant, and
on the part of the lessee or grantee and the persons deriving title under him
to be paid, observed, and performed, have been paid, observed, and performed
up to the time of conveyance; and also that the person so conveying, or the
persons deriving title under him, will at all times, as long as any money
remains on the security of the conveyance, pay, observe, and perform, or cause
to be paid, observed, and performed all the rents reserved by, and all the
covenants, conditions, and agreements contained in, the lease or grant, and on
the part of the lessee or grantee and the persons deriving title under him to
be paid, observed, and performed, and will keep the person to whom the
conveyance is made, and those deriving title under him, indemnified against
all actions, proceedings, costs, charges, damages, claims, and demands if any
to be incurred or sustained by him or them by reason of the non-payment of
such rent or the non-observance or non-performance of such covenants,
conditions, and agreements, or any of them:(E) In a conveyance by way of
settlement, the following covenant by a person who conveys and is expressed to
convey as settlor (namely):That the person so conveying, and every person
deriving title under him by deed or act or operation of law in his lifetime
subsequent to that conveyance, or by testamentary disposition or devolution in
law, on his death, will, from time to time, and at all times, after the date
of that conveyance, at the request and cost of any person deriving title
thereunder, execute and do all such lawful assurances and things for further
or more perfectly assuring the subject-matter of the conveyance to the persons
to whom the conveyance is made and those deriving title under them, subject
as, if so expressed, and in the manner in which the conveyance is expressed to
be made, as by them or any of them shall be reasonably required:(F) In any
conveyance, the following covenant by every person who conveys and is
expressed to convey as trustee or mortgagee, or as personal representative of
a deceased person, or as committee of a lunatic so found by inquisition, or
under an order of the Court, which covenant shall be deemed to extend to every
such person's own acts only (namely):That the person so conveying has not
executed or done, or knowingly suffered or been party or privy to, any deed or
thing, whereby or by means whereof the subject-matter of the conveyance, or
any part thereof, is or may be impeached, charged, affected, or incumbered in
title, estate, or otherwise, or whereby or by means whereof the person who so
conveys is in anywise hindered from conveying the subject-matter of the
conveyance, or any part thereof, in the manner in which it is expressed to be
conveyed.

(2) Where in a conveyance it is expressed that by direction of a person
expressed to direct as beneficial owner another person conveys, then, within
this section, the person giving the direction, whether he conveys and is
expressed to convey as beneficial owner or not, shall be deemed to convey and
to be expressed to convey as beneficial owner, the subject-matter so conveyed
by his direction; and a covenant on his part shall be implied accordingly.

(3) Where a wife conveys and is expressed to convey as beneficial owner, and
the husband also conveys and is expressed to convey as beneficial owner, then,
within this section, the wife shall be deemed to convey and to be expressed to
convey by direction of the husband, as beneficial owner; and, in addition to
the covenant implied on the part of the wife, there shall also be implied,
first, a covenant on the part of the husband as the person giving that
direction, and secondly, a covenant on the part of the husband in the same
terms as the covenant implied on the part of the wife.

(4) Where in a conveyance a person conveying is not expressed to convey as
beneficial owner, or as settlor, or as trustee, or as mortgagee, or as
personal representative of a deceased person, or as committee of a lunatic so
found by inquisition, or under an order of the Court, or by direction of a
person as beneficial owner, no covenant on the part of the person conveying
shall be, by virtue of this section, implied in the conveyance.

(5) In this section a conveyance ... does not include a demise by way of lease
at a rent, ....

(6) The benefit of a covenant implied as aforesaid shall be annexed and
incident to, and shall go with, the estate or interest of the implied
covenantee, and shall be capable of being enforced by every person in whom
that estate or interest is, for the whole or any part thereof, from time to
time vested.

(7) A covenant implied as aforesaid may be varied or extended by deed, and, as
so varied or extended, shall, as far as may be, operate in the like manner,
and with all the like incidents, effects, and consequences, as if such
variations or extensions were directed in this section to be implied.

(8) This section applies only to conveyances made after the commencement of
this Act.

Rights of purchaser as to execution.
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Northern Irish Legislation

CONVEYANCING ACT 1881 - SECT 7
