16:16 May 3, 2018 |
English language (monolingual) [PRO] Law/Patents - Law (general) / Immobilier | |||||||
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| Selected response from: Tony M France Local time: 16:50 | ||||||
Grading comment
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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4 +4 | the Grantor |
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4 +1 | the Grantor, the Grantor, encumbrances [only those made by the Grantor] |
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Discussion entries: 1 | |
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... it ... it ... it ... the Grantor, the Grantor, encumbrances [only those made by the Grantor] Explanation: THE GRANTOR, DOES HEREBY COVENANT with the Grantee, except as above-noted, that, at the time of the delivery of this Deed, the premises were free from all encumbrances made by it [=the Grantor], and that it [=the Grantor], will warrant and defend the same against the lawful claims and demands of all persons claiming, by, through, or under it [claims by third parties based on any of these "encumbrances" made by the Grantor], but against none other. [but not "other encumbrances" i.e. made by someone else than the Grantor] the ONLY grounds third parties [to this Covenant] could have for making any claims could be based only on some previous contracts (with the Grantor or its predecessors), contracts that constitute an "encumbrance" as far the property is concerned. -------------------------------------------------- Note added at 22 hrs (2018-05-04 14:38:27 GMT) -------------------------------------------------- Third parties to this Covenant (that is between the Grantor and the Grantee) have no cause of action for making any claims against the Grantee based on this Covenant (this Covenant is none of their business), so anyone coming out of the woodwork and claiming any kind of rights on the property could only do so based on some other previous contract that created an "encumbrance" on the property. (basics of law?). -------------------------------------------------- Note added at 9 days (2018-05-13 09:16:17 GMT) -------------------------------------------------- cross checking: the Grantor can be held responsible (and excepted to clear the mess) for claims made by third parties based on encumbrances that the Grantor itself put on the property, but not if third party claims are based on encumbrances were created by some previous owners, as in: .... "but against none other." [i.e. "none other [encumbrance] than those made by the Grantor] -------------------------------------------------- Note added at 9 days (2018-05-13 09:17:32 GMT) -------------------------------------------------- on encumbrances that were created by |
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1 hr confidence: peer agreement (net): +4
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