The Covenant of Seisin in Washington: What It Is and Why It Matters

When buying or selling real property in Washington, most people focus on price, inspections, and financing. But buried in the deed itself are legal promises—called covenants—that can have major consequences if they turn out to be untrue. One of the most important (and often misunderstood) of these is the covenant of seisin.

What Is the Covenant of Seisin?

The covenant of seisin is a promise by the grantor (seller) that they actually own the property they are conveying and have the legal right to transfer it.

In simple terms, it means:

“I really own what I’m selling you.”

This covenant typically appears in statutory warranty deeds in Washington.

How Washington Treats the Covenant of Seisin

Under Washington law, the covenant of seisin is a present covenant, meaning it is either true or false at the moment the deed is delivered. If it is breached, the buyer does not need to wait for eviction or third-party interference—the claim arises immediately upon transfer.

A breach can occur when, for example:

• The grantor does not own the entire interest they purport to convey

• Title is partially vested in someone else

• The grantor lacks legal authority to convey the property

• There is a previously undisclosed ownership defect

How It Differs from Other Title Covenants

It’s easy to confuse seisin with related covenants, but they serve different roles:

• Covenant of seisin – the grantor owns the property

• Covenant of right to convey – the grantor has legal authority to transfer it

• Covenant against encumbrances – there are no undisclosed liens or burdens

• Covenant of quiet enjoyment – the buyer won’t be disturbed by superior claims later

  
  

Seisin focuses specifically on ownership, not liens or interference.

When the Covenant of Seisin Is Breached

Common real-world examples include:

• A seller conveys property they only partially own

• A prior deed in the chain of title was invalid

• A spouse or co-owner was never joined in a prior conveyance

• The seller conveyed land they did not have record title to

• There is an adverse possession claim that determines that a neighbor acquired title to a portion of the deeded property prior to the delivery of the deed

What Damages Are Available?

In Washington, damages for breach of the covenant of seisin typically reflect:

• The value of the property interest the buyer did not receive, or

• The purchase price attributable to the defective portion of title

Because it is a present covenant, the statute of limitations generally begins running when the deed is delivered, not when the defect is discovered—making early review critical.

Why This Matters for Buyers and Sellers

For buyers, the covenant of seisin provides a direct cause of action if title turns out to be fundamentally defective.

For sellers, it creates real exposure if ownership is uncertain or title is messy—even if the seller acted in good faith.

This is why:

• Careful title review matters

• Proper deed selection matters

• Title insurance should never be an afterthought

• “Quick” private sales without counsel are risky

Practical Takeaways

If you’re involved in a Washington real estate transaction:

• Do not assume a deed automatically protects you

• Match the type of deed to the transaction risk

• Investigate title defects early

• Understand that some title problems create immediate legal claims

• In disputes, analyze deed covenants—not just title reports

Final Thoughts

The covenant of seisin is a quiet but powerful protection embedded in Washington deeds. When honored, it goes unnoticed. When breached, it can determine whether a buyer has a viable legal claim—or a costly problem with no clear remedy.

If you are dealing with a title dispute, boundary issue, or ownership defect, or if you want to structure a transaction to minimize risk, experienced counsel can make the difference between a clean transfer and years of litigation.