Covenant of Seisin

What Is the Covenant of Seisin?

When transferring real estate in Florida via a General Warranty Deed, the seller must make a series of legally binding guarantees to the buyer. The very first and most fundamental of these guarantees is the covenant of seisin (pronounced see-zin).

Historically rooted in feudal English law, "seisin" means the legal possession of land. By including the covenant of seisin in a deed, the seller is making a dual promise:

1. "I absolutely own this exact piece of land."
2. "I have the full legal power and authority to sell it to you."

When Is the Covenant Breached?

The covenant of seisin is breached at the exact moment the deed is signed if the seller does not actually own the property they are trying to sell. This commonly occurs in two scenarios:

• Outright Fraud — A scammer pretends to own a vacant lot and sells it to an unsuspecting buyer. Because the scammer never owned the lot, they breached the covenant of seisin the second they signed the deed.
• Fatal Title Defects — A man believes he owns a house entirely and sells it. Later, it is discovered that his deceased mother's probate was handled incorrectly 10 years ago, and his sister actually owns 50% of the house. He breached the covenant of seisin because he promised he had the full right to sell 100% of the house, but he didn't.

If this covenant is breached, the buyer can sue the seller for massive financial damages, often seeking the full return of the purchase price.

Seisin vs. Quitclaim Deeds

It is vital to understand that a Quitclaim Deed does not contain the covenant of seisin. A Quitclaim Deed essentially says, "I will give you whatever I own, but I'm not promising I actually own anything." A Warranty Deed with the covenant of seisin says, "I legally guarantee I own this, and if I am wrong, you can sue me."

Related Terms

• Warranty Deed — The primary document that contains the covenant of seisin
• Covenant Against Encumbrances — The companion promise guaranteeing no hidden debt
• Title Defect — A flaw in ownership that usually triggers a breach of seisin

Barnes Walker Title Defense

Barnes Walker's real estate litigators aggressively prosecute breach of warranty claims, utilizing the covenant of seisin to hold negligent or fraudulent sellers financially accountable when they illegally convey Florida properties they do not truly own. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC