For “quiet possession” and “free from encumbrances.” (§ 55-72)—Virginia Decoded

For “quiet possession” and “free from encumbrances.”

A covenant by any such grantor “that the grantee shall have quiet possession of the said land” shall have as much effect as if he covenanted that the grantee, his heirs and assigns might, at any and all times thereafter, peaceably and quietly enter upon and have, hold and enjoy the land conveyed by the deed, or intended so to be, with all the buildings thereon and the privileges and appurtenances thereto belonging, and receive and take the rents and profits thereof, to and for his and their use and benefit, without any eviction, interruption, suit, claim or demand whatever. If to such covenant there be added “free from all encumbrances,” these words shall have as much effect as the words “and that freely and absolutely acquitted, exonerated and forever discharged, or otherwise by the said grantor or his heirs saved harmless and indemnified of, from and against any and every charge and encumbrance whatever.”

History

Code 1919, § 5175.

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Court Decisions

Elmer Davis, Jr. v. State of North Carolina (Court of Appeals for the Fourth Circuit, 12/08/64)
. . . 397, 97 L.Ed. 469; Gallegos v. Nebraska, 342 U.S. 55, 72 S.Ct. 141, 96 L.Ed. 86 . . .

Adams v. Seymour (SCV, 09/06/50)
. . . every charge or encumbrance. Code, 1950, sec. *379 55-72. That covenant was broken when made . . .

. . . William Ralph v. Vernon L. Pepersack, Warden, Maryland State . . . (Court of Appeals for the Fourth Circuit, 07/16/64)
. . . process of law. See Gallegos v. Nebraska, 342 U.S. 55, 72 S.Ct. 141, 96 L.Ed. 86 (1951). Of . . .

Elmer Davis, Jr. v. State of North Carolina (Court of Appeals for the Fourth Circuit, 11/07/62)
. . . 3 L.Ed.2d 1265; Gallegos v. Nebraska, 342 U.S. 55, 72 S.Ct. 141, 96 L.Ed. 86; Harris v. South . . .

In Re Criswell (United States Bankruptcy Court, E.D. Virginia, 07/31/85)
. . . Section 55-72 provides for a covenant that the property is free of encumbrances. Va.Code § 55-72 . . .

Fisher v. Virginia Elec. and Power Co. (District Court, E.D. Virginia, 04/22/03)
. . . these centuries old covenants. Article 3, Section 55-72 relates to both the covenant of quiet . . .

In Re Trammel (United States Bankruptcy Court, E.D. Virginia, 08/01/86)
. . . of the land (section 55-72); that the land is free from encumbrances (section 55-72); that the . . .

In Re Robinson (United States Bankruptcy Court, E.D. Virginia, 05/17/07)
. . . for postage and copying costs in the amount of $55.72. A breakdown of the fees relative to the . . .

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