312 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(ii) Covenant for title does, not extend to misdescription of property i.e. as to the extent of the land sold.
(iii) A covenant for title is not a covenant that the land purported to be conveyed is of the extent stated in the sale-deed. It is merely a contract with the purchaser of the validity of the sellers’ title. Consequently if the purchaser finds a deficiency in area his, suit must be based not on the covenant for title, but for part failure of consideration.
- Express covenant for title. Every conveyancer has an implied covenant for title. But parties may enter into an express covenant relating to title. The points to be noted in regard to an express covenant are:
(a) If overrides and does away with the effect of all implied covenants.
(b) Although an express covenant alone can govern the rights of the parties, yet an implied covenant cannot be got rid of except by clear and unambiguous expression.
Who can claim the benefit of the covenant: The benefit of a covenant for title can be enjoyed not only by the purchaser and his representatives, but also subsequent alienees, who claim under the purchaser, can enforce it as against the seller.
Under this clause the vendor is presumed to guarantee his title absolutely to the property. If he wishes to contact himself out of the covenant he must do so expressly or by necessary implication.
The implied covenant for title has nothing to do with the question, whether the buyer has or has not notice of the defect of title and the buyer’s knowledge of the defect does not deprive him of the right to sue for damages and can claim a return of the purchase-money if he is dispossessed by reason of a defect in title.
Covenant for title — what does it include. The covenants for title implied in an English conveyance, include.—