Quiet Enjoyment

Right to unimpaired use and enjoyment of property. (1) For leased premises, a guarantee of quiet enjoyment is usually expressed by a Covenant of quiet enjoyment in a written lease, but such a covenant may be implied today from the landlord-tenant relationship, even where it is not so expressed. (2) The covenant may be and often is included in a deed conveying title to property. If it is present in a deed, the grantor is obligated to protect the estate of his grantee against lawful claims of ownership by others.

The right of an owner or any other Person legally entitled to Possession to the use of property without interference.
Example: The landlord, unhappy with a low rental rate, continually blocks the driveway of the tenant. The tenant sues for quiet enjoyment.

The right to unimpaired use and enjoyment of property leased or conveyed. As to leased premises a guarantee of quiet enjoyment is usually expressed by a covenant of quiet enjoyment in a written lease, but such a covenant may be implied today from the landlord-tenant relationship when it is not so expressed. This covenant is violated if the tenant's enjoyment of the premises is substantially disturbed either by wrongful acts or omissions of the landlord or by persons claiming a superior or paramount title against the landlord. The covenant does not extend to interference with possession by a stranger, i.e., a person not claiming under the lessor or under a title paramount to the lessor's. 128 P. 222. The covenant may be and often is included in the deed conveying title to property, but in this context it does not arise by implication. If it is present in a deed, the grantor is obligated to protect the estate of his grantee against lawful claims of ownership by others. Burby, Real Property 315 (3rd ed. 1984). See constructive eviction; covenant.