Covenant (law)

As a covenant is called the law of England and Wales, an institution of contract law and property law.

Legal History

Historically, the legal covenants promise under seal, were therefore, in the sealed document, and could therefore be sued even without consideration of the action of covenant.

Covenants and conditions

In contrast to conditions, the condition precedent as to prevent or terminate a condition subsequent offer the contract, directly a creation of the contract, covenants are only normal contractual arrangements that can be claimed in the form of damages, speficif performance or injunction.

Restrictive covenants

In English law applies the principle of privity of contract that contracts can only bind the respective parties. An exception exists for restrictive covenants. This in Tulk v Moxhay (1848 ) by equity developed legal institution leads like in covenants over land to a reification of contractual agreements, "the restrictive covenant runs with the land. "

For unregistered land, as such, is not performed in the HM Land Registry, there is a restrictive covenant - as always under equity - if the third party is not can make bona fides - defense apply. So does about a sublessee ( subtenant ~ ) knowledge of a covenant in the lease between head lessee ( tenant ~ ) and landlord ( lessor ~ ), so this works well against him and the landlord can obtain an injunction against him.