The ordinary covenants in deeds of real estate are that the grantor is lawfully seised; that he has a right to convey; that the premises are free from encumbrances; that the grantee shall quietly enjoy; that the grantor will warrant the title against lawful claims, and sometimes that the grantor will execute any further assurances necessary to validate the title. Logically the covenants of seisin, of right to convey and of freedom from encumbrances are broken as soon as the conveyance is made if they are broken at all, since these covenants relate to a state of fact alleged to be existing at the time of conveyance. The other three covenants look to the future. Though it is generally admitted that the covenants of seisin and of right to convey may be sued upon at once though the grantee's possession has not been interfered with, only nominal damages can then be recovered.59 For breach of a covenant against encumbrances also no substantial damages can be recovered until the encumbrance has been discharged by the plaintiff,60 or he has suffered actual damage.61 This is illogical and at variance with the rule governing covenants to remove specific encumbrances or to pay debts,62 but is practically convenient. A covenant of warranty as well as that of quiet enjoyment is not regarded as substantially broken until the grantee's possession has been disturbed by actual or constructive eviction.63

54 Jones v. Gardiner, [1902] 1 Ch. 191, 195.

55 See Sweeney v. Brow, 40 R. I. 281, 100 Atl. 593.

56 Jones v. Gardiner, [1902] 1 Ch. 191; Jaques v. Millar, 6 Ch. D. 753.

57 See infra, Sec.Sec. 1430, 1436.

58 Prichard v. Mulhall, 140 la. 1, 118 N. W. 43.