Independent covenants are those the 'ne7 cessity of whose performance is determined entirely by the requirements of the cove nant itself, without regard to other cove , nants between the parties relative to the same subject-matter or transactions or series of transactions.
Covenants are generally construed to be independent ; Platt, Coy. 71; Barruso v. Madan, 2 Johns. (N. Y.) 145; Mill Dam Foundery v. Hovey, 21 Pick. (Mass.) 438; 3 Bingh. N. S. 355; unless the undertaking on one side is in terms a condition to 'the stipu lation of the other, and then only consistent ly with the intention of the parties ; 3 Maule & S. 308 ; or unless dependency results from the nature of the acts to be done, and the or der in which they must necessarily precede and follow each other in the progress of per formance; Willes 496; or unless the non performance on one side goes to the entire substance of the contract, and to the whole consideration; Grant v. Johnson, 5 N. Y. 247. If once independent, they remain so ; Evans v. Harris, 19 Barb. (N. Y.) 416.
Inherent covenants are those which relate directly to the land itself, or matter grant ed. Shepp. Touchst. 161. Distinguished from collateral covenants.
If real, they run with the land; Platt, Coy. 66.
Intransitive covenants are those the duty of performing which is limited to the cove nantee 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. Cheesbrough v. Agate, 26 Barb. (N. Y.) 603; Calvert v. Bradley, 16 How. (U. S.) 580, 14 L. Ed. 1066 ; Capen v. Barrows, 1 Gray (Mass.) 376; Evans v. Sanders, 10 B. Monr. (Ky.) 291. They may be in the negative ; Wing v. Chase, 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 be per formed till a breach becomes impossible ; 2 WIns. Saund. 156; 1 Mod. 64 ; 2 Kebl. 674.
Obligatory covenants are those which are binding on the party himself. 1 Sid. 27; 1 Kebl. 337. They are distinguished from declaratory covenants.
Personal Covenants. See PERSONAL COVE NANT.
Principal covenants. Those which relate directly to the principal matter of the con tract entered into between the parties. They are distinguished from auxiliary.
Real covenants. See REAL COVENANT. Covenants of rights to convey. See COVE ,