Covenant Real

A covenant in a deed binding the heirs of the covenantor, and passing to assignees, or to the purchaser.

2 Bl. Com. 304. 4 Een Vs Com. 471, 472.

A covenant which runs in the realty so with the land, that he that hath the one, hath or is subject to the other.

Shep. Touch, 161.

It is thus distinguished from a personal covenant, which affects only the covenantor, and the assets in the hands of his representatives after his death.

4 Kent's Com. 470.

The covenants in a deed that the grantor is lawfully seised, and has good right to convey, and that the land is free from incumbrance, are personal covenants, not running with the land; the covenant for quiet enjoyment, and the covenant of warranty, are m the nature of real covenants.

4 Id. 471. But see Id. 412.

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

3 Bl. Com. 156.

COVENANT RUNNING WITH