Legal Definitions - present covenant

A present covenant is a type of covenant that can only be breached at the time of conveyance. This means that the covenant is only applicable at the time of transfer of ownership of the property. Examples of present covenants include:

• Covenant against encumbrances: A promise made by the grantor that the property being conveyed is free from any visible or invisible encumbrances.
• Covenant of right to convey: A promise made by the grantor that they have the right to convey the property being transferred.
• Covenant of seisin: A promise made by the grantor that they have the estate or right to convey the estate of the quality and size that they purport to convey.

For example, if John sells his property to Jane and makes a present covenant of right to convey, he is promising that he has the right to sell the property to Jane at the time of transfer. If it turns out that John did not have the right to sell the property, Jane can sue John for breach of the covenant.