What is an implied covenant?

An implied covenant is a promise of one party to another that is not stated explicitly but is instead implied through the situation at hand. In property law, an implied covenant is a legal agreement between two parties concerning the use and enjoyment of property, even if there is no written agreement. The implied covenant states that the use and enjoyment of the property will not interfere with the rightful owner’s use and enjoyment of the property. In California, these implied covenants are established through legal precedent, meaning there is an understanding that regardless of what is written in the deed or other agreements, the rightful owner is able to use and enjoy their property without interference from another party. This means that even if the agreement does not mention it, the owner of the property is promised to have exclusive use and enjoyment of the land and that this right will not be taken away without his or her agreement. The implied covenant is an important part of property law in California, protecting the rights of owners.

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