Covenant of quiet enjoyment
Definition
A formal agreement, typically in a deed or lease, in which a seller or lessor promises to protect a buyer or lessee in the event of a disturbance of his or right to quiet enjoyment of the property he or she is buying or leasing. A covenant of quiet enjoyment insures an owner or tenant against a disturbance of his or her right to possess or use property. For example, a covenant of quiet enjoyment could prevent a tenant from being evicted by a person with superior title. Also called covenant for quiet enjoyment.
Illustrative caselaw
See, e.g. Dave Herstein Co. v. Columbia Pictures Corp. 149 N.E.2d 328 (1958).
See also
Definition from Nolo’s Plain-English Law Dictionary
See: quiet enjoyment
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:13 pm
