Inherent covenants are those which relate directly to the land itself, or matter granted. Sheppard, Touchst. 161. Distinguished from collateral covenants.
If real, they run with the land. Platt, Coy. 66.
10. Intransitive covenants are those the duty of performing which is limited to the covenantee himself,'and does not pass over to his representative.
Joint covenants are those by which several parties agree to do or perform a thing to gether, or in which several persons have a joint interest as covenantees. 26 Barb. N. Y. 63 ; 16 How. 580 ; 1 Gray, Mass. 376; 10 B. Monr. Ky. 291. It may be in the negative 35 Me. 260.
Negative covenants are those in which the party obliges himself not to do or perform some act. Courts are unwilling to construe a negative covenant a condition precedent, inasmuch as it cannot be said to he per formed till a breach becomes impossible. 2 Wms. Saund. 156; 1 Mod. 64; 2 Kehl. 674; 1 Sid. 87.
Obligatory covenants are those which are binding on the party himself. 1 Sid. 27 ; 1 Kebl. 337. They are distinguished from declaratory covenants.
Covenants og'right to convey. See COVENANT OF RIGHT TO ONVE1T.
Covenants of seisin. See COVENANT OF SEISIN.
Covenants of warranty. See COVENANT OF WARRANTY.
Personal covenants. See PERSONAL COVE. NANT.
11. Principal covenants. Those which re late directly to the principal matter of the contract entered into between the parties. They are distinguished from auxiliary.
Real covenants. Those by which a single covenantor undertakes the performance of the covenant. It frequently happens that each one of several covenantors binds himself to perform singly the whole undertaking. The words commonly used for this purpose are "severally," "each of us." Still more commonly the undertaking is both joint and several.
It is the nature of the interest, and not the form of the covenant, which determines its character in this respect. 16 How. 580; 1 Gray, Mass. 376.
Covenants to stand seised, etc. See COVE NANT TO STAND SEISED TO USES.
Transitive covenants are those personal covenants the duty of perforMing which passes over to the representatives of the covenantor.
12. Covenants are subject to the same rules as other contracts in regard to the qualifications of parties, the assent required, and the nature of the purpose for which the contract is entered into. See PARTIES; CON TRACTS.
No peculiar words are needed to raise a covenant, either express or implied, 12 Ired. No. C. 145 ; but certain words have been decided to have this effect. See, before, 5, 7. And by statute in Alabama, Delaware, Illinois, Indiana, Mississippi, Missouri, and Pennsylvania, the words grant, bargain, and sell, in conveyances in fee, unless specially re stricted, amount to covenants that the grantor was seised in fee, freed from incumbrances done or suffered by him, and for quiet enjoy ment against his acts, 14 Kent, Comm. 473;
2 Binn. Penn. 9523 Mo. 151, 174; 17 Ala. N. S. 198; 1 Smedes & M. Ch. Miss. 611; 19 III. 235 ; but do not imply any warranty of title in Alabama and North Carolina. 4 Kent, Comm. 474; 1 Murph. No. C. 343, 348; 2 Ala. N. s. 535.
13. Describing lands in a deed as bounded on a street of a certain description raises 7L covenant that the street shall be of that de scription, 7 Gray, Mass. 563, and that the purchaser shall have the use thereof, 5 Md. 314; 23 N. II. 261; which binds subsequent purchasers from the grantor. 7 Gray, Mass. 83.
In New York, no covenants can be implied in any conveyance of real estate, 4 Kent, Comm. 469; but this provision does not extend to leases for years. 1 Paige, Ch. N. Y. 566. In some cases where the covenants relate to lands, the rights and liabilities of the cove nantor, or covenantee, or both, pass to the as signee of the thing to which the covenant re lates. In such cases the covenant is said to run with the land. If rights pass, the benefit is said to run; if liabilities, the burden. Only real covenants run with the land, and these only when the covenant has entered into the con Sideration for which the land, or some in terest therein to which the covenant is an nexed, passed between the covenantor and the covenantee, 2 Sugden, Vend. 468, 484; 3 Wils. 29; 2 Mylne & K. 535; 19 Pick. Mass. 449, 464; 24 Barb. N. Y. 366; 45 Me. 474; and die with the estate to which they are an nexed, 3 Joaes, No. C. 12; 13 Ired. No. C. 193; but an estoppel to deny passage of title is said to be sufficient, 3 Mete. Mass. 124; and the passage of mere possession, or defeasible estate without possession, enables the cove nant to run. 23 Mo. 151, 174.' It is said by some authorities that the bene fit of a covenant to do acts upon land of the covenantee, made with the "covenantee and his assigns," will run with the land though no estate passed between the covenantor and covenantee, Rawle, Cov. 335; Year B. 42 Edw.. III. 13; 3 Den. N. Y. 301 ; 8 Gratt. Va. 403 ; but the weight of authority is otherwise. 2 Sugden, Vend. 468; Platt, Coy. 461. Co venants concerning title generally run with the land, 3 N. J. 260, except those that are broken before the land passed. 4 Kent,