NRS
111.170 Construction of words “grant, bargain and sell” in conveyances;
suit upon covenants.
1. The words “grant, bargain and sell” in
all conveyances made after December 2, 1861, in and by which any estate of
inheritance or fee simple is to be passed, shall, unless restrained by express
terms contained in such conveyances, be construed to be the following express
covenants, and none other, on the part of the grantor, for the grantor and the
heirs of the grantor to the grantee, the heirs of the grantee, and assigns:
(a) That previous to the time of the execution of
the conveyance the grantor has not conveyed the same real property, or any
right, title, or interest therein, to any person other than the grantee.
(b) That the real property is, at the time of the
execution of the conveyance, free from encumbrances, done, made or suffered by
the grantor, or any person claiming under the grantor.
2. Such covenants may be sued upon in the
same manner as if they had been expressly inserted in the conveyance.
[49:9:1861; B § 277; BH § 2618; C § 2688; RL § 1063;
NCL § 1521]
Notes of Decisions
Cited in
5
cases, 1967–2014 · leading case:
Sack v. Tomlin, 871 P.2d 298 (Nev. 1994).
Sack v. Tomlin, 871 P.2d 298 (Nev. 1994).
· cites it 4× “In support of this proposition Rickey cites to NRS 111.170. 14 However, Rickey’s reliance on this statute is misplaced.”
Galardi v. Naples Polaris, L.L.C., 301 P.3d 364 (Nev. 2013).
“” See NRS 111.170(1)(b) (Nevada grant, bargain and sale deeds, “unless restrained by [contrary] express terms,” include a covenant that the property conveyed is “free from encumbrances”).”
Hanneman v. Downer, 871 P.2d 279 (Nev. 1994).
“5 NRS 111.170 states, in relevant part: 1. The words “grant, bargain and sell” in all conveyances made after December 2, 1861, in and by which any estate of inheritance or fee simple is to be passed, shall, unless restrained by express terms contained in such conveyances, be…”
State Ex Rel. Dep't of Highways v. LoBue, 427 P.2d 639 (Nev. 1967).
· cites it 2× “2d 72 (1932); See also NRS 111.170 [where it is provided that the words "grant, bargain and sell" are used to convey an estate in fee simple unless restrained by express terms contained *641 in the deed].”
Jv Props. v. Smr7 (Nev. 2014).
· cites it 10× “This appeal also requires this court to interpret NRS 111.170 as well as the contractual provisions.”
— Nev. Rev. Stat. § 111.170(1) — 1 case
Jv Props. v. Smr7 (Nev. 2014).
“This appeal also requires this court to interpret NRS 111.170 as well as the contractual provisions.”
— Nev. Rev. Stat. § 111.170(1)(a) — 1 case
Jv Props. v. Smr7 (Nev. 2014).
“This appeal also requires this court to interpret NRS 111.170 as well as the contractual provisions.”
— Nev. Rev. Stat. § 111.170(1)(b) — 2 cases
Galardi v. Naples Polaris, L.L.C., 301 P.3d 364 (Nev. 2013).
“” See NRS 111.170(1)(b) (Nevada grant, bargain and sale deeds, “unless restrained by [contrary] express terms,” include a covenant that the property conveyed is “free from encumbrances”).”
Jv Props. v. Smr7 (Nev. 2014).
“This appeal also requires this court to interpret NRS 111.170 as well as the contractual provisions.”
— Nev. Rev. Stat. § 111.170(b) — 1 case
Jv Props. v. Smr7 (Nev. 2014).
“This appeal also requires this court to interpret NRS 111.170 as well as the contractual provisions.”
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