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MMLU / A farmer conveyed 100 acres of his farm to a landscaper. The deed contained the…

Problem

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question

A farmer conveyed 100 acres of his farm to a landscaper. The deed contained the following covenants: (1) seisin, (2) right to convey, and (3) against encumbrances. Subsequently, the landscaper conveyed the property to a buyer by warranty deed. However, the buyer is later evicted by a woman because of paramount title. The buyer now brings suit against the farmer for breach of covenants in the deed. Judgment should be for

choices

  1. the buyer, because the covenants contained inthe deed run with the land.
  2. the farmer, because no privity of estate existsbetween the buyer and the farmer.
  3. the buyer, but only for the covenants of seisinand right to convey.
  4. the farmer, because the covenants are personalin nature and do not run with the land.

subject

professional_law

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