Howe v. Natale

I agree with the majority opinion with respect to the claim for adverse possession *1203and the claim for damages under Title 14. I cannot, however, join in the majority’s conclusion that the Superior Court properly entered judgment for the Fales on the Na-tales’ third-party complaint for breach of warranty.

In simple terms, the covenants that the grantor is “lawfully seized” and has a “right to convey” represent assurances that the grantor is capable of conveying that quantity and quality of estate which he purports to convey. See 6A R. Powell & P. Rohan, The Law of Real Property ¶¶ 895-97 (1981).…