What type of warranty is implied in the covenant of freehold warranty?

The implied warranty in the covenant of freehold warranty specifically provides protection to the buyer against future defects in the property. This covenant ensures that the seller guarantees the title to the property and that the buyer will have the right to use and enjoy the property without interference.

In practice, when a seller offers a freehold warranty, they are asserting that they own the property and have lawful authority to sell it. Moreover, should any issues arise in the future regarding the title or claims against the property that were not disclosed at the time of sale, the warranty will protect the buyer.

This form of warranty is foundational in real estate transactions, as it promotes confidence in the integrity and quality of the property being purchased. A warranty against future defects aligns with the principles of property law and the obligations of the seller, aimed at providing the buyer peace of mind regarding the transaction and the future use of the property.