When is a present covenant considered breached?

A present covenant is a type of promise contained in a deed that provides assurances regarding the ownership and condition of the property at the time the deed is executed. Breach of a present covenant occurs at the time the covenant is not fulfilled, which, in this case, is represented by the delivery of the deed itself.

When the deed is delivered, it signifies the transfer of ownership and the assertion of the covenants contained within the deed. If the seller of the property does not hold valid title or if the covenants stated in the deed are false at the time of delivery, the present covenant is breached. This is crucial because it means the grantee has relied on the representations made by the grantor at the moment of this transfer.

In contrast, eviction from the property, sale to a third party, or placing a lien on the property generally pertain to future interests or obligations rather than to the conditions under which the deed was delivered. They do not address the immediate assurances given regarding the property's title or condition at the time of conveyance. Therefore, the timing of the breach of a present covenant is directly tied to the delivery of the deed, making that choice the accurate answer.