Real Covenant

A covenant connected with a conveyance of realty, whereby an obligation to pass something real is created, or which is so connected with the realty that he who has the latter is entitled to the benefit of, or is bound to perform, the former.

Fitzh. Nat. Brev. 145; Shep. Touch. 161; Piatt, Gov. 60, 62.

A covenant which is so connected with the realty as to apply to the owner thereof, either In reference to benefit or obligation, whether he be a party to the instrument creating the covenant or not. A covenant by which the obligor underr takes to pass something real.

Co. Litt. 384b; Stearns, Real Actions, 134. See 4 Kent, Comm. 472.

A covenant by which the covenantor binds his heirs.

2 Bl. Comm. 304.

Very considerable confusion exists among the authorities in the use of the term "real covenants." The definition of Blackstone, which determines the character of covenants from the insertion or noninsertion of the word "heir" by the covenantor, is pretty generally rejected.

See Piatt, Cov. 61; 2 Bl. Comm. 304, note, 305, note.

Of the other definitions, that which makes a real covenant an obligation to pass realty is the most ancient. Upon such a covenant the remedy was by voucher or warrantia chartae, and not by the action of covenant. Together with the disuse of real actions, these covenants gave place to the more mod- "real covenants" lost its ancient signification, and acquired its modem one, as given in the latter part of the first and in the second definition. The covenant to stand seised approaches perhaps more nearly than any covenant still in use to the ancient real covenant. Covenants are real only when they have entered into the consideration for which land, or some interest therein to which the covenant is annexed, passed between the covenantor and covenantee.

2 Washb. Real Prop. 662, 663.

In England, all covenants for title are' held to be real covenants; in the United States, those only which are future in their operation come under this description.

10 Ga. 311.

— The object of these covenants is, usually, either to preserve the inheritance, as to keep in repair (3 Lev. 92; 9 Barn. & C. 505; 8 Cow. [N. Y.] 206; 17 Wend. [N. Y.] 148; 1 Ball. [U. S.] 210; 6 Yerg. [Tenn.] 512; 6 Vt. 276; 25 Pa. St. 257; 38 Eng. Law & Eq. 462;

— to keep buildings insured, and reinstate them if burned (Piatt, Cov. 185; 5 Barn. & Adol. 1; 6 Gill & J. [Md.] 372);

— to continue the relation of landlord and tenant, as to pay rent (5 East, 575; 1 Doug. 183; 1 Wash. C. C. [U. S.] 375;

— do suit to the lessor's mill (5 Coke, 18; 1 Bam. 6 C. 410;

— grind the tenant's corn (2 Yeates [Pa.] 74; 9 Vt. 91);

— for the renewal of leases (12 East, 469);

— or to protect the tenant in his enjoyment of the premises, as to warrant and defend (Shep. Touch. 161; 2 Mass. 433; 5 Cow. [N. Y.] 137; 1 Paige, Ch. [N. Y.] 455);

— to make further assurance (Cro. Car. 503);

— for quiet enjoyment (Cro. Eliz. 373; 3 Barn. & Aid. 392; 1 C. B. 402; 1 Dev. & B. [N. C] 94; 23 Me. 383);

— never to claim or assert title (7 Me. 97; 3 Mete. [Mass.] 121);

— to remove incumbrances (17 Mass. 586);

— to release suit and service (Co. Litt. 384b);

— to produce title deeds in defense of the grantee's title (4 Greenl. Cruise, Dig. 393; 10 Law Mag. 353-357; 1 Sim. & S. 449);

— to supply water to the premises (4 Barn. & Aid. 266);

— to draw water off from a mill pond (19 Pick. [Mass.] 449);

— not to establish another mill on the same stream (17 Weijd. [N. Y.] 136);

— not to erect buildings on adjacent land (4 Paige, Ch. [N. Y.] 510);

— to use the land in a specified manner (13 Sim. 228);

— generally to create or preserve easements for the benefit of the land granted (4 E. D. Smith [N. Y.] 122; 1 Brandf. [N. Y.] 40; 2 Greenl. Ev. § 240; 2 Washb. Real Prop. 648).

See Covenant.