The phrase refers to a guarantee made by a grantor in a deed that they possess the estate they purport to convey. Essentially, it is a promise that the grantor owns the land and has the right to sell it. For example, if an individual conveys property to another, asserting ownership in the deed, they are providing assurance that they hold legal title and are not merely transferring a claim they do not legitimately possess. If the grantor does not hold title at the time of conveyance, this promise is breached.
This assurance is a fundamental protection for the grantee, providing security in their land ownership. It provides the grantee with legal recourse if the grantor’s assertion of ownership proves false. Historically, such assurances were particularly important because land records were not always as readily accessible or reliable as they are today. It offers a layer of protection against fraudulent conveyances or errors in title, reducing the risk associated with real estate transactions.
