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Covenant

covenants, law, real and deed

COVENANT, in law, an agreement between two or more persons, entered into by deed, whereby one of the parties promises the per formance or non-performance of certain acts, or that a given state of things does or shall, or does not or shall not, exist. It differs from an express assumpsit in that it must be by deed. Affirmative covenants are those in which the covenanter declares that something has already been done, or shall be done in the future. Such covenants do not operate to deprive covenantees of rights enjoyed independently of the cove nants. Auxiliary covenants are those which do not relate directly to the principal matter of con tract between the parties, but to something connected with it. Collateral covenants are those which are entered into in connection with the grant of something, but which do not relate immediately to the thing granted. Concurrent covenants are those which are to be performed simultaneously. Declaratory covenants are those which serve to limit or direct uses. Dependent covenants are those in which the obligation to perform by one is made to depend upon the performance by the other. Covenants for title are those covenants in a deed conveying land, which are inserted for the purpose of securing to the grantee and covenantee the benefit of the title which the grantor and covenantor professes to convey. A real covenant is one which at

early common law bound the covenantor's heirs to the extent to which they inherited real estate. They are now of slight importance, and the term is now used in contradistinction to personal covenants which do not run with the land. An inherent covenant is another name for real. When a covenant relates to an act already done, it is called executed; where the performance is future it is called executory. An action of covenant might be instituted for breaking cove nant. The doctrine of uwarrandice* in Scottish law fills the place of covenant to some extent. Those in common use are five in number in England,.— of seisin, of rights to convey, for enjoyment, against encumbrances and for further assurance,— and are held to run with the land. There is besides in the United States, where most of the classes•of covenants are en forced, a covenant of warranty which is more commonly used than any of the others. The covenants of seisin, against encumbrances, and right to convey, are generally held to be in Prtesenti and not assignable. Consult Sims, 'Treatise on Covenants) (Chicago 1901); Goodeve, 'Law of Real Property) (5th ed., Lon don 1906); Hamilton, 'Law of Covenant) (London).