COVENANT
Categories: Contracts
Definition (1910 Edition)
ing and delivery thereof, whereby some of the parties named therein engage, or one of thein engages, with the other, or others, or some of them, therein also named, that some act hath or hath not already been done, or for the performance or non-performance of some specified duty. De Bolle v. Insurance Co., 4 Whart. (Pa.) 71, 33 Am. Dee. 88.
‘Capen v. Barrows, 1 Gray (Mass.) 379; In re Slingsby, 5 Coke, 18b.
covenant for quiet enjoyment, and indeed in many states being the only covenant in practical use. Rawle, Cov. for Title, § 21.
ing it against another person, by which he agrees not to sue to enforce such right of action.—Cevenant of non-claim. A covenant sometimes employed, particularly in the New England states, and in deeds of extinguishment of ground rents in Pennsylvania, that neither the vendor, nor his heirs, nor any other person, etc., shall claim any title in the premises conveyed. Rawle, Cov. § 22.—Covenant of right te convey. <An assurance by the covenantor that the grantor has sufficient capacity and title to convey the estate which he by his deed undertakes to convey.—Covenant of seisin. An assurance to the purchaser that the grantor has the very estate in quantity and quality which he porpore to convey. 11 East, 641; Rawle, Cov. § It is said that the covenant of seisin is not now in use in Mngland, being embraced in that of a right to convey; but it is used in several of the United States. 2 Washb. Real Prop. *648; Pecare v. Chouteau, 13 Mo. 527; Kincaid y. Brittain, 5 Sneed (Tenn.) 121; Backus v. McCoy, 3 Ohio, 221, 17 Am. Dec. 585; De Long v. Sea Girt Co., 65 N. J. Law, 1, 47 Atl. 491.—Covenant of warranty. An assurance by the grantor of an estate that the grantee shall enjoy the same without interraption by virtue o ramount title. King v. Kilride, 58 Conn. 109, 19 Atl. 519; Kincaid v. Brittain, 5 Sneed (Tenn.) 124; King v. Kerr, -) Ohio, 156, 22 Am. Dec. 777; Chapman v. Holmes, .% N. J. Law, 26.—Covenant runwith land. A covenant which goes with the Jand, as being annexed to the estate, and which cannot be separated from the land, and transferred without it. 4 Kent, Comm. 472, note. A covenant is said to run with the land, when not only the original parties or their representatives. t each successive owner of the land, will be entitled to its benefit, or be liable (as the case may be) to its obligation. 1 Steph.
‘Capen v. Barrows, 1 Gray (Mass.) 379; In re Slingsby, 5 Coke, 18b.
covenant for quiet enjoyment, and indeed in many states being the only covenant in practical use. Rawle, Cov. for Title, § 21.
ing it against another person, by which he agrees not to sue to enforce such right of action.—Cevenant of non-claim. A covenant sometimes employed, particularly in the New England states, and in deeds of extinguishment of ground rents in Pennsylvania, that neither the vendor, nor his heirs, nor any other person, etc., shall claim any title in the premises conveyed. Rawle, Cov. § 22.—Covenant of right te convey. <An assurance by the covenantor that the grantor has sufficient capacity and title to convey the estate which he by his deed undertakes to convey.—Covenant of seisin. An assurance to the purchaser that the grantor has the very estate in quantity and quality which he porpore to convey. 11 East, 641; Rawle, Cov. § It is said that the covenant of seisin is not now in use in Mngland, being embraced in that of a right to convey; but it is used in several of the United States. 2 Washb. Real Prop. *648; Pecare v. Chouteau, 13 Mo. 527; Kincaid y. Brittain, 5 Sneed (Tenn.) 121; Backus v. McCoy, 3 Ohio, 221, 17 Am. Dec. 585; De Long v. Sea Girt Co., 65 N. J. Law, 1, 47 Atl. 491.—Covenant of warranty. An assurance by the grantor of an estate that the grantee shall enjoy the same without interraption by virtue o ramount title. King v. Kilride, 58 Conn. 109, 19 Atl. 519; Kincaid v. Brittain, 5 Sneed (Tenn.) 124; King v. Kerr, -) Ohio, 156, 22 Am. Dec. 777; Chapman v. Holmes, .% N. J. Law, 26.—Covenant runwith land. A covenant which goes with the Jand, as being annexed to the estate, and which cannot be separated from the land, and transferred without it. 4 Kent, Comm. 472, note. A covenant is said to run with the land, when not only the original parties or their representatives. t each successive owner of the land, will be entitled to its benefit, or be liable (as the case may be) to its obligation. 1 Steph.
UK Law Commentary
Status: ✅ Still applies. A promise contained in a deed. Common in land law — restrictive covenants run with the land. Key Case: Tulk v Moxhay (1848) 2 Ph 774.
Modern Application
📜 Law of Property Act 1925 • Land Registration Act 2002 • legislation.gov.uk
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.