QUIET ENJOYMENT. In leases there are frequently covenants by which the
lessor agrees that the lessee shall peaceably enjoy the premises leased;
this is called a covenant for quiet enjoyment. This covenant goes to the
possession and not to the title. 3 John. 471; 5 John. 120; 2 Dev. R. 388; 3
Dev. R. 200. A covenant for quiet enjoyment does not extend as far as a
covenant of warranty. 1 Aik. 233.
2. The covenant for quiet enjoyment is broken only by an entry, or
lawful expulsion from, or some actual disturbance in, the possession. 3
John. 471; 15 John. 483; 8 John. 198; 7 Wend. 281; 2 Hill, 105; 2 App. R.
251; 9 Metc. 63; 4 Whart. 86; 4 Cowen, 340. But the tortious entry of the
covenantor, without title, is a breach of the covenant for quiet enjoyment.
7 John. 376.
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