Personal Covenant

A covenant which binds only the covenantor and his personal representatives in respect to assets, and can be taken advantage of only by the covenantee. A covenant which must be performed by the covenantor in person. Fitzh. Nat. Brev. 340. All covenants are either personal or real, but some confusion exists in regard to the division between them. Thus, a covenant may be personal as regards the covenantor, and real as regards the covenantee; and different definitions have been given, according to whether the rights and liabilities of the covenantor or the covenantee have been in consideration. It is apprehended, however, that the prevalent modern usage is to hold a covenant real, if it is real, — that is, runs with the land, so as to apply to an assignee, either as regards the covenantor or the covenantee. See Piatt, Gov. 61; 4 Bl. Comm. 304, note, 305, note; 3 N. J. 260; 7 Gray (Mass.) 83. All covenants which relate to personalty merely are of this class. 30 Miss. 145.