Blacks Law Dict. 1st ed

COVENANT

COVENANT, ETC.

297

Real or personal; the former being such •a bind the heirs of the covenantor, and pass Ing to assignees, or to the purchaser; while a personal covenant affects only the cove nantor and the assets in the hands of his representatives after his death. 4 Kent, Comm. 470, 471. Transitive or intransitive; the former being those personal covenants the duty of performing which passes over to the repre sentatives of the covenantor; while the latter are those the duty of performing which is limited to the covenantee himself, and does not pass over to his representative. Bac. Abr. Cov. Disjunctive covenants. Those which are for the performance of one or more of several things at the election of the cove nantor or covenantee, as the case may be. Platt, Cov. 21. COVENANT AGAINST INCUM BKANCES. A covenant that there are no incumbrances upon the land conveyed. COVENANT COLLATERAL. A cov enant which is conversant about some collat teral thing that doth nothing at all, or not so immediately concern the thing granted; as to pay a sum of money in gross, etc. Shep. Touch. 161. COVENANT FOR FURTHER AS SURANCE. An undertaking, in the form of a covenant, on the part of the vendor of real estate to do such further acts for the purpose of perfecting the purchaser's title as the lat ter may reasonably require. This covenant is deemed of great importance, since it re lates both to the title of the vendor and to the instrument of conveyance to the vendee, and operates as well to secure the perform ance of all acts necessary for supplying any defect in the former as to remove all objec tions to the sufficiency and security of the latter. Platt, Cov.; Rawle, Cov. §§ 98, 99. COVENANT FOR QUIET ENJOY MENT. An assurance against the conse quences of a defective title, and of any dis turbances thereupon. Platt, Cov. 312; Rawle, Cov. 125. COVENANT IN DEED. A covenant expressed in words, or inserted in a deed in specific terms. COVENANT IN LAW. A covenant iaiplied by law from certain words in a deed which do not express it. 1 Archb. N. P. 350.

COVENANT INHERENT. A cove nant which is conversant about the land, and knit to the estate in the land; as that the thing demised shall be quietly enjoyed, shall be kept in reparation, shall not be aliened, etc. Shep. Touch. 161. COVENANT NOT TO SUE. A cov enant by one who had a right of action at the time of making it against another person, by which he agrees not to sue to enforce such right of action. COVENANT OF NON-CLAIM. A covenant sometimes employed, particularly in the New England states, and in deeds of extinguishment of ground rents in Pennsyl vania, that neither the vendor, nor his heirs, nor any other person, etc., shall claim any title in the premises conveyed. Rawle, Cov. §22. COVENANT OF RIGHT TO CON VEY. An assurance by the covenantor that the grantor has sufficient capacity and title to convey the estate which he by his deed un dertakes to convey. COVENANT OF SEISIN. An assur ance to the purchaser that the grantor has the very estate in quantity and quality which he purports to convey. 11 East, 641; Rawle, Cov. § 58. It is said that the covenant of seisin is not now in use in England, being embraced in that of a right to convey; but it is used in several of the United States. 2 Washb. Real Prop. *648. COVENANT OF WARRANTY. An assurance by the grantor of an estate that the grantee shall enjoy the same without inter ruption by virtue of paramount title. COVENANT REAL. A covenant in a deed binding the heirs of the covenantor, and passing to assignees, or to the purchaser. It is thus distinguished from a personal covenant, which affects only the covenantor, and the assets in the hands of his represent, atives after bis death. 4 Kent, Comm. 470. A covenant real has for its object something an nexed to, or inherent in, or connected 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 de fined to be a covenant by which a man binds himself to pass a thing real, as lands or ten ements. Termes de la Ley; 3 Bl. Comm. 156. COVENANT RUNNING WITH LAND. A covenant which goes with the

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