Rhode Island General Laws 34-11-33. Liability on covenant against incumbrances
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Whoever hereafter conveys real estate by deed or mortgage containing a covenant that it is free from all incumbrances when an incumbrance appears of record to exist thereon, whether known or unknown to him or her, shall be liable to the grantee, his or her heirs, executors, administrators, successors or assigns, for all damages and expenses sustained by reason of or in removing the incumbrance.
History of Section.
G.L. 1896, ch. 202, § 14; G.L. 1909, ch. 253, § 14; G.L. 1923, ch. 297, § 14; G.L. 1938, ch. 435, § 13; G.L. 1956, § 34-11-33.
Terms Used In Rhode Island General Laws 34-11-33
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10