Marketable Title

A vendor of real property impliedly covenants to deliver marketable title at closing — title reasonably free from doubt, encumbrances, or defects that a reasonable purchaser would object to. An encumbrance (mortgage, easement, covenant) renders title unmarketable unless the buyer waives it.

Related Real Property Contracts & Conveyancing rules

• Statute of Frauds — Real PropertyA contract for the sale of real property must be in writing signed by the party to be charged, and must describe the…
• Equitable ConversionOnce a contract for the sale of land is signed, equity treats the buyer as the owner of the real property and the…
• Deed RequirementsA valid deed must: (1) be in writing; (2) identify the grantor and grantee; (3) contain words of conveyance (granting…
• Delivery of DeedsDelivery requires the grantor's present intent to be immediately bound by the conveyance. Manual transfer raises a…
• Types of Deeds — Covenants of TitleA general warranty deed contains six covenants: seisin, right to convey, against encumbrances, quiet enjoyment,…
• Merger DoctrineUpon closing, the contract for the sale of land merges into the deed; the contract's terms are extinguished and the…
• Adverse PossessionAdverse possession ripens into title when the claimant's possession is: (1) actual; (2) open and notorious; (3)…
• DedicationDedication is the voluntary transfer of private land to public use. Statutory dedication requires compliance with…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.