Schedule 2 | Land Title Practice Manual

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SCHEDULE 2

Directions as to the Forms in This Schedule

Parties who use any of the forms in the first column of this Schedule may substitute for the words “covenantor” or “covenantee”, “releasor” or “releasee”, or “grantor” or “grantee”, any name and in every case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
Parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.
Parties may introduce into or annex to any of the forms in the first column any express exceptions from or other express qualifications, and the exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.
Parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form 2 of the first column, to extend the words to the acts of any additional person or persons, or class or classes of persons and in every case the covenants 2, 3 and 4, or those employed in the deed, extend to the acts of the person or persons, class or classes of persons named.
Parties may introduce into any deed other or further covenants, powers and provisions agreed on between them.

Column 1	Column 2
1 [convenantor] covenants with [covenantee],	1 And the said covenantor doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said covenantee, his heirs, executors, administrators, and assigns, in manner following, that is to say:
2 that he has the right to convey the land to [covenantee] notwithstanding any act of [covenantor];	2 That, for, and notwithstanding any act, deed, matter, or thing by the said covenantor done, executed, committed, or knowingly or wilfully permitted or suffered to the contrary, he the said covenantor now hath in himself good right, full power, and absolute authority to convey the said land and other the premises hereby conveyed, or intended so to be, with their and every of their appurtenances, unto the said covenantee, in manner aforesaid, and according to the true intent of these presents;
3 and that [covenantee] shall have quiet possession of the land	3 and that it shall be lawful for the said covenantee, his heirs, executors, administrators, and assigns, from time to time, and at all times hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess, and enjoy the said land and premises hereby conveyed, or intended so to be, with their and every of their appurtenances, and to have, receive, and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of, from, or by him the said covenantor or his heirs, or any person claiming, or to claim, by, from, under, or in trust for him, them, or any of them;
4 free from all encumbrances.	4 and that free and clear, and freely and absolutely acquitted, exonerated, and for ever discharged, or otherwise by the said covenantor or his heirs well and sufficiently saved, kept harmless, and indemnified, of, from, and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfeiture, re-entry, and any and every other estate, title, charge, trouble and encumbrance whatsoever, made, executed, occasioned, or suffered by the said covenantor or his heirs, or by any person claiming or to claim by, from, under, or in trust for him, them, or any of them.
5 And [covenantor] covenants with [covenantee], that he will execute further assurances of land as may be requisite.	5 And the said covenantor doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said covenantee, his heirs, executors, administrators, and assigns, that he the said covenantor, his heirs, executors, or administrators, and all and every other person the whatsoever having or claiming, or who shall or may hereafter have or claim, any estate, right, title, or interest whatsoever, either at law or in equity, in, to, or out of the said land and premises hereby conveyed or intended so to be, or any of them, or any part thereof, by, from, under, or in trust for him, them, or any of them, shall and will from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs, executors, administrators, or assigns, make, do, execute, or cause to be made, done, or executed, all such further and other lawful acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the better, more perfectly, and absolutely conveying and assuring the said land and premises hereby conveyed, or intended so to be, and every part thereof, with their appurtenances, unto the said covenantee, his heirs and assigns, in manner aforesaid, as by the said covenantee, his heirs and assigns, his or their counsel in the law, shall be reasonably devised, advised, or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the acts and deeds of the person who shall be required to make or execute the same, and his heirs, executors, or administrators only, and so as no person who shall be required to make or execute such assurances shall be compellable for the making or executing thereof to go or travel from his usual place of abode.
6 And [covenantor] covenants with [covenantee], that he will produce the title deeds enumerated hereunder, and allow copies to be made of them at the expense of [covenantee].	6 And the said covenantor doth hereby, for himself his heirs, executors, and administrators, covenant, promise, and agree with and to the said covenantee, his heirs, executors, administrators, and assigns, that the said covenantor and his heirs shall and will, unless prevented by fire or other inevitable accident, from time to time, and at all times hereafter, at the request, costs, and charges of the said covenantee, his heirs or assigns, or his or their attorney, solicitor, agent, or counsel, at any trial or hearing in any action, or suit at law or in equity, or other judicature, or otherwise, as occasion shall require, produce all and every or any deed, instrument, or writing hereunder written, for the manifestation, defence, and support of the estate, title, and possession of the said covenantee, his heirs or assigns, in or to the said land and premises hereby conveyed, or intended so to be, and, at the like request, costs, and charges, shall and will make and deliver, or cause to be made and delivered, true and attested or other copies or abstracts of the same deeds, instruments, and writings respectively, or any of them, and shall and will permit and suffer such copies and abstracts to be examined and compared with the said original deeds by the said covenantee, his heirs and assigns, or such person as he or they shall for that purpose direct and appoint.
7 And [covenantor] covenants with [covenantee], that he has done nothing to encumber the land.	7 And the said covenantor, for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to the said covenantee, his heirs, executors, administrators, and assigns, that he hath not at any time heretofore made, done, committed, executed, or wilfully or knowingly suffered any act, deed, matter, or thing whatsoever, whereby, or by means whereof, the said land and premises hereby conveyed, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in anywise impeached, charged, affected, or encumbered in title, estate, or otherwise, howsoever; provided that where works of local improvement benefiting the said land and premises have heretofore, or shall hereafter, or are in process of being made, under the provisions of any Act or Acts for the time being in force, the cost whereof, in whole or in part, have been charged upon or against the said land and premises, or any part thereof, the petitioning for or procuring to be made, or the making-up of any such works, or the charging the costs thereof upon or against the said land and premises or any part thereof, or the fact that they are a charge upon or against such land and premises, or any part thereof, shall not be deemed or taken to be a breach of this covenant, except to the extent that the annual or other payments in respect of such works are in arrear and unpaid at the time of the execution of these presents.
8 And [releasor] releases to [releasee] all his claims on the land.	8 And the said releasor hath remised, released, and for ever quitted claim, and by these presents doth remise, release, and for ever quit claim, unto the said releasee, his heirs, executors, administrators, and assigns, all and all manner of right, title, interest, claim, and demand whatsoever, both at law or in equity, in, to, and out of the said land and premises hereby granted, or intended so to be, and every part and parcel thereof, so as that neither he, nor his heirs, executors, administrators, or assigns, shall, nor may at any time hereafter, have, claim, pretend to challenge, or demand the said land and premises, or any part thereof, in any manner howsoever; but the said releasee, his heirs, executors, administrators, and assigns, and the same land and premises shall from henceforth for ever hereafter be exonerated and discharged of and from all claims and demand whatsoever which the said releasor might or could have upon him in respect of the said land and premises, or upon the said land and premises.