23 (1) In a conveyance made on or after the 1st day of July, 1886, there shall, in the cases in this section mentioned, be deemed to be included, and there shall in those cases be implied, covenants to the effect in this section stated, by the person or by each person who conveys, as far as regards the subject-matter or share thereof expressed to be conveyed by him, with the person, if one, to whom the conveyance is made, or with the persons jointly, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common: On conveyance for value by beneficial owner 1. In a conveyance for valuable consideration, other than a mortgage, the following covenants by the person who conveys, and is expressed to convey as beneficial owner, namely, covenants for, i. right to convey, ii. quiet enjoyment, iii. freedom from encumbrances, and iv. further assurance, according to the forms of covenants for such purposes set forth in Schedule B to the Short Forms of Conveyances Act, being chapter 472 of the Revised Statutes of Ontario, 1980, and therein numbered 2, 3, 4 and 5, subject to that Act. On conveyance of leaseholds for value by beneficial owner 2. In a conveyance of leasehold land for valuable consideration, other than a mortgage, the following further covenant, by the person who conveys and is expressed to convey as beneficial owner: That, notwithstanding anything by the person who so conveys, made, done, executed, or omitted, or knowingly suffered, the lease or grant creating the term or estate for which the land is conveyed is, at the time of conveyance, a good, valid and effectual lease or grant of the property conveyed, and is in full force, unforfeited, unsurrendered, and in nowise become void or voidable, and that, notwithstanding anything as aforesaid, all the rents reserved by and all the covenants, conditions and agreements contained in the lease or grant, and on the part of the lessee or grantee, and the persons deriving title under the lessee or grantee to be paid, observed and performed, have been paid, observed and performed, up to the time of conveyance. On conveyance by trustee, etc. 3. In a conveyance the following covenant by every person who conveys, and is expressed to convey, as trustee or mortgagee, or as personal representative of a deceased person, or as guardian of property, or under an order of the court, which covenant shall be deemed to extend to every such person’s own acts only, namely: That the person so conveying has not executed, or done, or knowingly suffered, or been party or privy to any deed, act, matter or thing, whereby or by means whereof the subject-matter of the conveyance, or any part thereof is or may be impeached, charged, affected, or encumbered in title, estate or otherwise, or whereby or by means whereof the person who so conveys is in anywise hindered from conveying such subject-matter or any part thereof, in the manner in which it is expressed to be conveyed. On settlement for further assurance, limited 4. In a conveyance by way of settlement the following covenant by a person who conveys and is expressed to convey as settlor, namely: That the settlor, and every person deriving title under the settlor by deed or act or operation of law in the settlor’s lifetime subsequent to that conveyance, or by testamentary disposition or devolution in law, on the settlor’s death will, from time to time, and at all times, after the date of that conveyance, at the request and cost of any person deriving title thereunder, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the persons to whom the conveyance is made, and those deriving title under them, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by them or any of them shall be reasonably required.  R.S.O. 1990, c. C.34, s. 23 (1); 1992, c. 32, s. 5. On conveyance by direction of beneficial owner (2) Where in a conveyance it is expressed that by direction of a person expressed to direct as beneficial owner another person conveys, the person giving the direction, whether or not the person conveys and is expressed to convey, as beneficial owner, shall be deemed to convey, and to be expressed to convey as beneficial owner the subject-matter so conveyed by the person’s direction, and the covenants on the person’s part mentioned in paragraph 1 of subsection (1) shall be implied accordingly.  R.S.O. 1990, c. C.34, s. 23 (2). Enforcing covenants (3) The benefit of a covenant so implied is annexed and incident to and goes with the estate or interest of the implied covenantee, and is capable of being enforced by every person in whom that estate or interest is for the whole or any part thereof from time to time vested.  R.S.O. 1990, c. C.34, s. 23 (3). Variation of covenants (4) A covenant so implied may be varied or extended and as so varied or extended operates, as far as may be, in the like manner and with all the like incidents, effects and consequences as if such variations or extensions were directed in this section to be implied.  R.S.O. 1990, c. C.34, s. 23 (4). Exception (5) Subsections (1), (2), (3) and (4) do not apply to conveyances of land in the parts of Ontario designated under Part I of the Land Registration Reform Act, that are executed on or after the day on which the land is designated under clause 14 (a) of that Act.  R.S.O. 1990, c. C.34, s. 23 (5). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 5 - 03/04/1995 Operation of covenants