2. an agreement to do (or not to do) a particular thing
3. a promise incidental to a deed or contract (either express or implied).
EXAMPLE:
Jane wants to sell a large tract of land that is adjacent to her home. As an inducement to John (the buyer), Jane is willing to make a promise with him. The covenant grants John access-to/use-of Jane's driveway – so that John will not have to build one [of his own].
- CONCURRENT COVENANTS
- those that require the performance by one party [of his/her obligation], when the other party: (i) is ready; and (ii) offers performance.
- DEPENDENT COVENANTS
- those in which the obligation to perform one covenant arises only upon the prior performance of another. Therefore, until the prior condition [of performance has been met], the other party is not liable (in legal action).
- INDEPENDENT [OR MUTUAL] COVENANTS
-
those that must be performed by one party without reference to the obligations of the other party.
In deeds, the usual covenants of title (which may be deemed [by law] to be a part of certain kinds of real property conveyances) include:- COVENANT AGAINST ACTS OF THE GRANTOR
- to assure that the grantor has not done – nor has caused to be done – any act by means of which the premises (or any part thereof) may be encumbered in any way. These covenants are often inserted into a bargain & sale deed.
- COVENANT AGAINST ENCUMBRANCES
- a guarantee [given to the grantee of an estate] that the estate is without encumbrances. Compare run with the land.
- COVENANT OF FURTHER ASSURANCE
- one that obligates the covenantor to perform whatever acts are reasonably demanded [by the covenantee] – for the purpose of perfecting the title that has been conveyed. Recently, this type of covenant has fallen out of favor.
- COVENANT OF QUIET ENJOYMENT
- see quiet enjoyment
- COVENANT OF SEISIN AND RIGHT TO CONVEY
- covenant that the grantor has an estate (or the right to convey an estate) of the quality/quantity that he/she purports to convey (which – in the case of a covenant of seisin – is a fee simple).
- COVENANT OF WARRANTY AND QUIET ENJOYMENT
- one that obligates the covenantor to protect the estate against the existence of lawful claims of ownership [by third parties]. A cause of action arises only when there is eviction (either actual or constructive).
- RESTRICTIVE COVENANT
- see restrictive covenant
