Quiet Enjoyment

Nuisance is a common law tort. It is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the right of quiet enjoyment is being disrupted to such a degree that a tort is being committed.
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In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title. A covenant for quiet enjoyment does not extend as far as a covenant of warranty.

The covenant for quiet enjoyment is broken only by an entry, or lawful expulsion from, or some actual disturbance in, the possession. But the tortious entry of the covenantor, without title, is a breach of the covenant for quiet enjoyment.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.