Enjoyment

Possession; occupation; use; exercise. Enjoyment as of right is an enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission from time to time, on each occasion, or on many occasions, of using it; but an enjoyment had openly, notoriously, without particular leave at the time, by a person claiming to use without danger of being treated as a trespasser, as a matter of right, whether strictly legal by prescription and adverse user or by deed conferring the right, or, though not strictly legal, yet lawful to the extent of excusmg a Adverse enjoyment. The possession or exercise of an easement or privilege under a claim of right against the owner of land. K open, and continued without interruption for twenty years, a conclusive prescription of grant arises, provided that during the time there was some one in possession, qualified to resist the claim." Compare Possession, Adverse. Quiet enjoyment. Peaceable, undisturbed possession of land. Covenant for quiet enjoyment. A covenant in a conveyance or lease of land, engaging that the grantee or lessee shall be permitted to use the land unmolested. ^ Every lease implies a covenant for,quiet enjoyment. But it extends only to the possession; auditsbreach, like that of a warranty for title, arises only from eviction by means of title. It does not protect against entry and ouster of a tort-feasor. The tenant may call his landlord into his defense; and, it eviction follows as the result of a failure to defend hini, he can then refuse to pay rent, and fall back upon this covenant for quiet enjoyment to recover his dajnages.* A lease with an express covena,nt for quiet enjoyment implies a covenant that the lessor has title and power arid right to convey it. The implied covenant is broken if the lessor has made a prior and still outstanding lease of part of the premises. A recovery of the premises by the prior lessee is such an eviction as constitutes a breach of the covenant for quiet enjoyment; and the lessee may recoup his damages from the rent due.* See Demise; Warranty, 1.