Under a full title guarantee, which two covenants are implied?

Study for the CILEx Conveyancing Level 3 Exam. Prepare with targeted quizzes and interactive questions; each offers detailed explanations. Excel on your exam!

Multiple Choice

Under a full title guarantee, which two covenants are implied?

Explanation:
Under full title guarantee, the seller gives two clear assurances about the title. First, the seller has the right to dispose of the property, meaning they own the estate and are entitled to transfer it. Second, the property is sold free from undisclosed charges or adverse interests, so the title isn’t clouded by hidden encumbrances or claims that the buyer hasn’t been warned about. This combination protects the buyer by ensuring the seller can actually transfer ownership and that there are no unknown restrictions or liens lurking in the title. The other options mix in elements that aren’t the guaranteed covenants under full title guarantee, such as planning restrictions or broader promises about “good title,” which are not the specific two implied covenants here.

Under full title guarantee, the seller gives two clear assurances about the title. First, the seller has the right to dispose of the property, meaning they own the estate and are entitled to transfer it. Second, the property is sold free from undisclosed charges or adverse interests, so the title isn’t clouded by hidden encumbrances or claims that the buyer hasn’t been warned about. This combination protects the buyer by ensuring the seller can actually transfer ownership and that there are no unknown restrictions or liens lurking in the title. The other options mix in elements that aren’t the guaranteed covenants under full title guarantee, such as planning restrictions or broader promises about “good title,” which are not the specific two implied covenants here.

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