"That the said premises are free from encumbrances." Since this covenant guarantees against encumbrances, it is most important that any encumbrance, subject to which the property is sold, be stated in the deed. This may be done at any place, usually after the description, habendum clause or following this covenant. If this covenant be broken the purchaser may recover from the seller his expense in paying off any encumbrance which may have been a lien when he bought the property. Like seizin this covenant limits any recovery to the price paid and is broken if at all at the time of delivery of the deed.
Each of the remaining three covenants bind the seller to future obligations. No right of action may be in existence at the time of the sale, so the covenant itself and not the cause of action, runs with the land.