Collateral Warranty Law and Legal Definition

Collateral warranty is a guarantee regarding real property made by an ancestor. It is not enforceable against the heirs in all jurisdictions, but where it is enforceable the heirs of a person who has made a covenant, warranty or guarantee are answerable for it to the extent of the real property which descended to them.

Under some jurisdiction all collateral warranties of an ancestor, who had no estate of inheritance in possession, is void as against the heir and a collateral warranty by a tenant by the curtesy is void against his/her heir. [Russ v. Alpaugh, 118 Mass. 369, 373 (Mass. 1875)].