REAL COVENANT. A covenant con nected with a conveyance of realty, whereby an obligation to pass aomething real is created, or which so connected with the realty that he who has the latter is entitled to the bene fit of, or is bound to perform, the former. Fitzherbert, Nat. Brev. 145 ; Sheppard, Touchst. 161.
A covenant which is so connected with the realty as to apply to the owner thereof, either in reference to benefit or obligation, whether he be a party to the instrument creating the covenant or not.
A covenant by which the obligor under takes to pass something real. Coke, Litt. 384 b ; Stearns, Real Act. 134. See 4 Kent, Comm. 472.
A covenant by which the covenantor binds his heirs. 2 Shorewood, Blackst. Comm 304.
Very oonaiderable confusion exista among the authorities in the use of the term real covenants. The definition of Blookstone, which determinea the character of covenants from the insertion or non insertion of the word " heir by the covenantor, it pretty generally rejected. See Platt, Cov. 61; 2 Shorewood, Blaokst. Comm. 304, n., 305, n. Of the other definitions, that which makes a real cove nant an obligation to pass realty is the most an cient. TJpon such a ooveoant the remedy was by voucher or warrantia chortle, and not by the action of' oovenant.
Together with the disuse of real actions, these covenants gave place to the more modern covenants which furnish the basin of a personal aotion for damages, and the term real oovenants lost its anoiont signifioation and acquired ite modern one, as given in the latter part of the first and in the seoond definition. The oovenant to stand seised ap proaches perhaps more nearly than any covenant still in uae to the anoient real covenant.
Covenants are real only when they have entered into the consideration for which land, or some interest therein to which the cove nant is annexed, passed between the cove na.ntor and covenantee. See CovENANT,13; 2 Washburn, Real Prop. 662, 663.
In England, all covenants for title are held to be real covenants ; in the United States, those only which are future in their operation come under this description. 10 Ga. 311.
The object of these covenants is, usually, either to preserve the inheritance, as to keep in repair, 3 Lev. 92 ; 9 Barnew. & C. 505 ; 8 Cow. N. Y. 206 ; 17 Wend. N. Y. 148; 1 Dall. C. C. 210 ; 6 Yerg. Tenn. 512 ; 6 Vt. 276 ; 25 Penn. St. 257 ; 38 Eng. L. & Eq. 462 ; to keep buildings insured, and reinstate them if burned, Platt, Cov. 185 ; 5 Barnew. & Ad. 1 : 6 Gill & J. Md. 372 ; to continue the relation of landlord and tenant, as to pay rent, 5 East, .575 ; 1 Dougl. 183 ; 1 Wash. C. C. 375 ; do suit to the lessor's rnill, 5 Coke, 18 ; 1 Barnew. & C. 410; grind the tenant's corn, 2 Yeates, So. C. 74 ; 9 Vt. 91 ; for the renewal of leases, 12 East, 469 ; or to protect th,e tenant in his enjoyment of the premises, as to warrant and defend, Sheppard, Touchst. 161 ; 2 Mass. 433 ; 5 Cow. -N. Y. 137 ; 1 Paige, Ch. N. Y. 455 ; to make further assu rance, Croke Car. 503 ; for quiet enjoyment, Croke Eliz. 373 ; 3 Barnevr. & Ald. 392 ; 1 C. B. 402 ; 1 Dev. & B. No. C. 94 ; 23 Me. 383 ; never to claim or assert title, 7 Me. 97 ; 3 Mete. Mass. 121 ; to remove incumbrances, 17 Mass. 586 ; to release suit and service, Coke, Litt. 384 b ; to produce title-deeds in defence of the grantee's title, 4 Greenleaf, Cruise, Dig. 393 ; 10 Law Mag. 353-357 ; 1 Sim. & S. Ch. 449 ; to supply water to the premises, 4 Barnew. & kid. 266 ; to draw water off from a mill-pond, 19 Pick. Mass. 449 ; not to establish another mill on the same stream, 17 Wend. N. Y. 136 ; not to erect buildings on adjacent land, 4 Paige, Ch. N. Y. 510 ; to use the land in a specified manner, 13 Sim. Ch. 228 ; generally to create or preserve easements for the benefit of the land granted. 4 E. D. Smith, N. Y. 122 ; 1 Bradt N. Y. 40. See 2 Greenleaf, Ev. 240; 2 Washburn, Real Prop. 648. See COVE NANT ; REAL.