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Covenant Real

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

A covenant in a deed binding the heirs of the covenantor, and passing to assignees, or to the purchaser. Ibis thus distinguished from a personal covenant, which affects only the covenantor, and the assets in the hands of his represent. atives after his death.

4 Kent, Comm. 470.

A covenant reai has for its object something annexed to, or inherent in, orconnected with, land or other real property, and runs with the land, so that the grantee of the land is invested with it, and may sue upon it for any breach happening in his time.

6 Conn. 249.

In the old books, a covenant real is also defined to be a covenant by whicha man binds himself to pass a thing real, as lands or tenements.

Termesde la Ley; 3 1.

Comm. 156. land, 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, but 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. Comm. 455. we a other words, it is so called when either the liability to perform it or the right to take advantage of it passes to the assignee of the land,