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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 132

Effect of the word ""grant'' in conveyances.

132. In every conveyance of lands to be made by
the promoters of the undertaking under this or the special Act the word
"grant" shall operate as express covenants by
the promoters of the undertaking, for themselves and their successors, or for
themselves, their heirs, executors, administrators, and assigns, as the case
may be, with the respective grantees therein named, and the successors, heirs,
executors, administrators, and assigns of such grantees, according to the
quality or nature of such grants, and of the estate or interest therein
expressed to be thereby conveyed, as follows, except so far as the same shall
be restrained or limited by express words contained in any such conveyance;
(that is to say,)

A covenant that, notwithstanding any act or default done by
the promoters of the undertaking, they were at the time of the execution of
such conveyance seised or possessed of the lands or premises thereby granted
for an indefeasible estate of inheritance in fee simple, free from all
incumbrances done or occasioned by them, or otherwise for such estate or
interest as therein expressed to be thereby granted, free from incumbrances
done or occasioned by them:

A covenant that the grantee of such lands, his heirs, successors, executors,
administrators, and assigns, (as the case may be,) shall quietly enjoy the
same against the promoters of the undertaking, and their successors, and all
other persons claiming under them, and be indemnified and saved harmless by
the promoters of the undertaking and their successors from all incumbrances
created by the promoters of the undertaking:

A covenant for further assurance of such lands, at the expence of such
grantee, his heirs, successors, executors, administrators, or assigns, (as the
case may be,) by the promoters of the undertaking, or their successors, and
all other persons claiming under them:

And all such grantees, and their several successors, heirs, executors,
administrators, and assigns respectively, according to their respective
quality or nature, and the estate or interest in such conveyance expressed to
be conveyed, may in all actions brought by them assign breaches of covenants,
as they might do if such covenants were expressly inserted in such
conveyances.

S.133 rep. by 1972 NI 16 art.63(3) sch.19 Pt.I

Service of notices upon promoters.

© 1845 Crown Copyright

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