Covenant of Warranty Law and Legal Definition
Covenant of warranty refers to a covenant that runs with the land. The covenant of warranty is considered as only binding the party to give damages as a compensation for the loss of the land warranted. The covenant of warranty is virtually synonymous with the covenant of peaceable possession or quiet enjoyment. It is an assurance by the covenantor that the covenantee, his/her heirs, and assigns can enjoy the estate conveyed without interruption by virtue of a paramount title, they cannot by force of a paramount title, be evicted from the land or be deprived of its possession, and that s/he will defend and protect the covenantee against the lawful claims of all persons thereafter asserted. It is a covenant to defend not merely the possession, but the land and the estate in it. Covenant of warranty is also a personal covenant, and, when broken, becomes a mere chose in action, and is not assignable.[Pierce v. Johnson, 4 Vt. 247 (Vt. 1832)].
