Also known as: further assurances · covenant of further assurance
Written by attorneys · grounded in primary & secondary sources — see below
A covenant contained in a warranty deed whereby the grantor promises to execute any document that might be needed in the future to perfect the title that the original deed purported to transfer. The covenant supplies ongoing protection by obligating the grantor to cure defects that surface after closing. It forms one of the title covenants customarily included in a general warranty deed.
Felix Franco conveyed land to Frostline Textiles by general warranty deed that included the covenant of further assurance. Years later a previously unrecorded access easement surfaced and clouded title. Frostline demanded that Franco execute a corrective instrument confirming the easement's priority. Franco's refusal triggered liability under the further-assurance covenant.
Forrest Falconer received a deed containing the further-assurance covenant. After closing, a statutory amendment created doubt about the scope of an appurtenant right conveyed in the deed. Falconer asked the grantor to execute a confirmatory instrument clarifying the right. The grantor supplied the instrument to satisfy the covenant obligation.
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Only a general warranty deed includes the covenant of further assurance among its six standard title covenants. A special warranty deed limits its warranties to claims arising by through or under the grantor. A quitclaim deed contains no title covenants at all.
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Yes. Title covenants in a general warranty deed, including further assurance, run with the land. A remote grantee may therefore enforce the covenant directly against the original grantor when a later defect appears.
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The covenant of warranty promises to defend the grantee's title against lawful claims. The covenant of further assurance requires the grantor to execute additional documents needed to perfect title. Both protect the grantee, but they impose distinct obligations.
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A grantee may invoke the covenant whenever a post-closing defect requires an additional instrument to perfect title. The grantor must then execute the needed document. Failure to do so constitutes a breach of the covenant.
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…or opposing political candidates. Out of an abundance of caution, the committee has added this language to the bill to provide further assurance that these stations will not become vehicles for governmental propaganda support or opposition to political candidates." H. R. Rep. No. 572, supra , at 20. The Senate bill contained no…