§ 1115 Heir Liability For Title Covenants

This law says that if someone inherits or receives land, they must honor any promises made about that land, and they can be held responsible up to the value of the land they get.

Key Takeaways

•Heirs and devisees can be liable for covenants related to inherited real property.
•Their liability is limited to the value of the land they receive.
•Old warranty rules for lineal and collateral parties are abolished.

Example

A grandparent leaves a house to their grandchild, but had previously promised to fix the roof before passing it on.

The grandchild, as the new owner, can be sued for not fixing the roof, and the court can only hold them responsible for the amount of land (the house) they inherited.

Lineal and collateral warrantees, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law. (Enacted 1872.)

This law says that if someone inherits or receives land, they must honor any promises made about that land, and they can be held responsible up to the value of the land they get.

Key Takeaways

•Heirs and devisees can be liable for covenants related to inherited real property.
•Their liability is limited to the value of the land they receive.
•Old warranty rules for lineal and collateral parties are abolished.

Example

A grandparent leaves a house to their grandchild, but had previously promised to fix the roof before passing it on.

The grandchild, as the new owner, can be sued for not fixing the roof, and the court can only hold them responsible for the amount of land (the house) they inherited.

Key Takeaways

Example

Key Terms

References

§ 1115 Heir Liability For Title Covenants

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References