59 Negation and modification of implied covenants
instrument by virtue of this Act may be negatived or modified by
express declaration in the instrument.
(2) In an action for a supposed breach of any such covenant, the
covenant alleged to be broken may be set out and it may be alleged
that the party against whom the action is brought did so covenant,
precisely in the same manner as if the covenant had been expressed
in words in the transfer or other instrument, any law or practice to
the contrary notwithstanding.
(3) Every such implied covenant has the same force and effect and
is enforceable in the same manner as if it had been set out at length
in the transfer or other instrument.
(4) When any transfer or other instrument in accordance with this
Act is executed by more parties than one, the covenants that are by
this Act to be implied in instruments of a like nature shall be
construed to be several and not to bind the parties jointly.
RSA 1980 cL-5 s63
RSA 2000