What is an implied covenant?

An implied covenant is a real estate law concept that applies to the transfer of real estate. It is an assumed contractual agreement that is not expressed in writing, but must be followed nonetheless. In Kansas, an implied covenant is part of the deed of a property. It is an agreement between the buyer and seller that obligates the buyer to use the land for a particular purpose. For example, if the deed contains a statement that the land will be used for a single-family home, then the buyer is obligated to use the land for that purpose. Additionally, an implied covenant may contain a stipulation that the property will be kept in a certain condition or that it will not be used for any other purpose than the one specified in the deed. This covenant binds both the buyer and seller of the property, and it can be enforced in a court of law.

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