covenant real

This kind of warranty, which is a covenant real, has long ceased, and has been succeeded by the covenants personal, introduced into modern conveyances. The latter have two advantages: the remedy by action of covenant is more easy in its form, and more comprehensive in its effects; for, it extends to the personal property of the warrantor in the hands of his executors; whereas the ancient recovery, in value, was confined to land.

A covenant in a deed binding the heirs of the covenantor, and passing to assignees, or to the purchaser. 2 Bl. Comm. 304; 4 Kent, Comm. 471, 472. A covenant which so runs 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, Comm. 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 incumbranfie, are personal covenants, not running with the land; the covenant for quiet enjoyment, and the covenant of warranty, are in the nature of real covenants. Id. 471. But see Id. 472, and notes; 1 Sumn. (U. S.) 263. 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. Comm. 156.

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,

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