Covenant for Quiet Enjoyment Law and Legal Definition
Covenant for quiet enjoyment refers to covenant for future and, until breach, runs with the land. The main object of a covenant for quiet enjoyment is to protect a lessee from the lawful claims of third persons having a title paramount to the lessor. But such a covenant, when fully written out, also provides for the protection of the lessee against the unlawful entry of the lessor himself/herself. However, the main object of a covenant for quiet enjoyment is to protect the grantee or lessee from the lawful claims of third persons having a title paramount to that of the covenanter, the covenant may be broken by a forcible entry or disturbance by the grantor or lessor.
In Gulf Refining Co. v. Fetschan, 130 F.2d 129 (6th Cir. 1942), it was held that a covenant for quiet enjoyment is an assurance against the effect of a defective title and of any resultant disturbance. It goes to the possession, and is referred to as "a covenant for possession.” A covenant for quiet enjoyment is similar to a covenant of seisin, and neither of such covenants is broken so as to give a covenantee a right of action, until there has been an eviction.
