The detriment caused by the breach of a covenant of seizin, of right to convey, of warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:

Terms Used In North Dakota Code 32-03-11

  • Grantor: The person who establishes a trust and places property into it.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

1.    The price paid to the grantor, or if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore at the time of the grant to the value of the whole property.

2.    Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding six years.

3.    Any expense properly incurred by the covenantee in defending the covenantee’s possession.