This lesson introduces covenants as solemn promises and explains how they differ from ordinary contracts and how they apply to land.
A covenant is a solemn promise to do a specified act or refrain from doing one. A covenant is an agreement, but its legal treatment has varied across time and jurisdictions.
Under historical English common law, a covenant was distinguished from an ordinary contract by a seal. The seal signaled unusual solemnity, so a covenant could be enforced even without consideration—something of value exchanged between the parties. In United States contract law, an implied covenant of good faith is presumed in contracts.
All flashcards
What is a covenant?
A solemn promise to perform a specified action or refrain from one. The person making it is the covenantor; the person receiving it is the covenantee.
What is an affirmative or positive covenant?
A promise requiring someone to take an action, such as maintaining a shared road or paying a contribution.
What is a negative covenant?
A promise not to undertake a specified activity, such as building above a stated height or operating a competing business.
What does it mean for a covenant to run with land?
If legal requirements are satisfied, the covenant can bind or benefit successors who later own the land, rather than applying only to the original parties.
How are restrictive covenants related to servitudes?
Restrictive covenants resemble easements and equitable servitudes because they affect land use. In the United States, the Restatement (Third) of Property groups these concepts within servitudes.
Quiz questions
What is a covenant in its general legal sense?Answer: A solemn promise to do something or refrain from doing it.
What did the US Supreme Court hold in Shelley v. Kraemer (1948)?Answer: Court enforcement of racial covenants violated the Fourteenth Amendment.
What did the equitable rule associated with Tulk v. Moxhay allow?Answer: A restrictive covenant's burden could bind successors in equity if requirements were met.
Which assurance is central to full or limited title guarantees in England and Wales?Answer: The transferor has the right to dispose of the property as described.
In traditional US analysis, what forms of notice may be relevant when a successor purchases land?Answer: Actual, inquiry, or constructive notice.
Based on the Wikipedia article Covenant (law), licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.