Covenant
A Law Dictionary and Glossary · George C. Kinney · 1893
A Law Dictionary and Glossary
A writ or action that anciently lay for non-performance of any covenant in writing; a modern form of action ex contractu which lies for the recovery of damages for breach of a contract under seal; a promise or an express statement by or in a deed between two or more persons and sealed by one or more of them. Covenant against incumbrances: a covenant that property conveyed is not incumbered. Covenant alternative, or disjunctive: a covenant for the performance of one or more of several things at the election of the covenantor or the covenantee. Covenant collateral: a covenant conversant about something collateral to the matter of the undertaking. Covenant declaratory: a covenant which serves to limit or direct uses. Covenant dependent: a covenant which depends on some prior act or condition; a covenant the obligation to perform which depends on the performance of another. Covenant for further assurance: a covenant to do such further reasonable acts as may be necessary to complete a transfer. Covenant for quiet enjoyment: a covenant or assurance against the consequences of a defect of title. Covenant in deed, or in fact, or expressed: a covenant expressed in words, or inserted in a deed in specific terms. Covenant in law, or implied: a covenant implied by law from words in a deed which do not express it. Covenant inherent: a covenant conversant about the land, and knit to the estate in the land granted. Covenant of non-claim: a covenant that neither the covenantor nor any other person shall claim title to the property conveyed. Covenant of right to convey: a covenant of assurance that the grantor has capacity and title to convey. Covenant of seisin: a covenant of assurance that the grantor has the estate both in quantity and quality which he assumes to convey. Covenant of warranty: a covenant of assurance binding the heirs of the covenantor, and passing to assignees, or to the purchaser. Covenant running with land: a covenant which goes with the land, as being annexed to the estate, and which cannot be separated from the land, and transferred without it. Such is any covenant concerning title, except a covenant broken before the land passes. Covenant to convey: a covenant by which the covenantor undertakes to convey a certain estate. Covenant to stand seised to uses: a species of conveyance under the statute of uses by which a man seized of lands covenants, in consideration of blood or marriage, that he will stand seized to the use of his wife, or kinsman, for life, in tail or in fee. Covenant in gross: a covenant that does not run with the land. Covenant of title, or real covenant: a covenant of seisin, of right to convey, against incumbrances, for further assurance, of quiet enjoyment, or of warranty.