55-612. COVENANTS IMPLIED FROM GRANT. From the use of the word "grant" in any conveyance by which an estate of inheritance, possessory right, or fee simple is to be passed, the following covenants, and none other, on the part of the grantor, for himself and his heirs, to the grantee, his heirs and assigns, are implied, unless restrained by express terms contained in such conveyance:
1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title or interest therein, to any person other than the grantee.
2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
History:
[(55-612) 1863, p. 528, sec. 50; R.S., sec. 2935; reen. R.C. & C.L., sec. 3120; C.S., sec. 5384; I.C.A., sec. 54-612.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 6 - TRANSFER OF REAL PROPERTY
Section 55-601 - CONVEYANCE — HOW MADE.
Section 55-602 - CONVEYANCE BY ATTORNEY IN FACT.
Section 55-603 - EASEMENTS PASS WITH PROPERTY — EASEMENTS IN GROSS OF A COMMERCIAL CHARACTER.
Section 55-604 - FEE PRESUMED TO PASS.
Section 55-605 - ACQUISITION OF SUBSEQUENT TITLE BY GRANTOR.
Section 55-606 - CONCLUSIVENESS OF CONVEYANCE — BONA FIDE PURCHASERS.
Section 55-607 - UNAUTHORIZED GRANT BY LIFE TENANT.
Section 55-608 - DEFEAT OF GRANT ON CONDITION SUBSEQUENT.
Section 55-609 - GRANT ON CONDITION PRECEDENT.
Section 55-610 - GRANT OF RENTS, REVERSIONS, OR REMAINDERS.
Section 55-611 - GRANT OF LAND BOUNDED BY HIGHWAY.
Section 55-612 - COVENANTS IMPLIED FROM GRANT.
Section 55-613 - ENCUMBRANCES DEFINED.
Section 55-614 - LINEAL AND COLLATERAL WARRANTIES ABOLISHED.
Section 55-615 - SOLAR EASEMENTS.
Section 55-616 - PROHIBITION AND REMOVAL OF RESTRICTIVE COVENANTS.
Section 55-617 - APPURTENANT WATER RIGHTS AND WATER ENTITLEMENTS AND OBLIGATIONS PASS WITH PROPERTY.