Covenant Real
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
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.