Also known as: enjoyments · quiet enjoyment
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A covenant or implied right ensuring the grantee or tenant undisturbed possession and use of land. The covenant appears in general warranty deeds and leaseholds. It runs with the land and supports claims by successors against the grantor or landlord for interference.
A covenant or implied right ensuring the grantee or tenant undisturbed possession and use of land. The covenant appears in general warranty deeds and leaseholds. It runs with the land and supports claims by successors against the grantor or landlord for interference.
Select any source to read its text and confirm it supports the definition.
The protected interest in the private use and enjoyment of land that is invaded by a nontrespassory private nuisance. Liability arises when an intentional invasion is unreasonable because the gravity of the harm outweighs the utility of the conduct.
Select any source to read its text and confirm it supports the definition.
The protected interest in the private use and enjoyment of land that is invaded by a nontrespassory private nuisance. Liability arises when an intentional invasion is unreasonable because the gravity of the harm outweighs the utility of the conduct.
Each sense below has its own examples, sources, and questions.
Esther Eisenberg conveyed land to Elena Estrada by general warranty deed. After closing, a neighbor asserted an easement that had existed before the conveyance. Estrada sued Eisenberg for breach. The covenant of quiet enjoyment in the deed was breached because the neighbor's claim interfered with Estrada's possession.
Ella Emerson conveyed a back lot to Elijah Edwards without mentioning access. The only road to the lot crossed Emerson's retained front parcel. Edwards obtained an implied servitude allowing reasonable use of the road because the conveyance would otherwise deprive the conveyed land of rights necessary to its reasonable enjoyment.
Erika Echevarria's will left property to her descendants living when the interest took effect in possession or enjoyment. The class members alive at that later date received shares determined by intestate succession rules as if the ancestor had died then.
A recorded easement allowed the owner of Parcel A to cross Parcel B for access. When Parcel A was sold, the new owner continued to use the crossing. The easement benefit remained tied to ownership of Parcel A and could not be separated from it.
The covenant of quiet enjoyment protects against interference with possession after closing. The covenant against encumbrances protects against existing liens or easements at the time of conveyance. Both appear in the same deed and may run with the land.
Supporting sources
An implied servitude arises when the conveyance would otherwise leave the conveyed or retained land without rights necessary to its reasonable enjoyment. The implication is defeated only by clear contrary language or circumstances.
Supporting sources
Eclipse Manufacturing operated a plant that emitted strong chemical odors onto adjacent residential land owned by Ethan Evans. Evans could no longer use his backyard for family gatherings. The odors constituted a nontrespassory invasion of Evans's interest in the private use and enjoyment of his land.
Everest Holdings ran a construction site that produced continuous loud hammering next to residential property owned by Enigma Technologies. The noise prevented normal business operations inside the building. The intentional invasion was unreasonable because the harm to the use and enjoyment of the land outweighed the utility of the construction schedule.
The plaintiff must prove a nontrespassory invasion of the interest in the private use and enjoyment of land. The invasion must be intentional and unreasonable, or otherwise actionable under the governing standard.
Supporting sources
…as colored -- exemption from legal discriminations, implying inferiority in civil society, lessening the security of their enjoyment of the rights which others enjoy, and discriminations which are steps towards reducing them to the condition of a subject race." See also Virginia v. Rives , 100 U.S. 313, 318 (1880); Ex…