Arizona Laws 33-435. Covenants implied from word “grant” or “convey”
A. If the word "grant" or the word "convey" is used in a conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants and none other, on the part of the grantor for himself and his heirs, to the grantee and his heirs and assigns, are implied unless restrained by express terms contained in the conveyance:
Terms Used In Arizona Laws 33-435
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
- Grantor: The person who establishes a trust and places property into it.
- Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. That previous to the time of execution of the conveyance the grantor has not conveyed the same estate or any right, title or interest therein, to any person other than the grantee.
2. That the estate is at the time of execution of the conveyance free from encumbrances.
B. As used in this section, the term "encumbrances" includes taxes, assessments and all liens on real property.
C. The implied covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.