76-207. Covenants; breach; constructive eviction; acts constituting.

Covenants of quiet enjoyment and covenants of warranty in conveyances of real property may be breached by an eviction, actual or constructive, by reason of the hostile assertion of a paramount title holder. A constructive eviction occurs in the following situations: (1) Where the covenantee is kept out of possession by the paramount title holder; (2) where the covenantee surrenders possession to the paramount title holder; and (3) where the covenantee in order to retain possession is forced to and buys off the paramount title holder.

Source:Laws 1923, c. 111, § 2, p. 269; C.S.1929, § 76-111; R.S.1943, § 76-207.