| 单词 | covenant |
| 释义 | covenant covenant a promise contained in a deed. The word is used more gen- erally, however, to denote an agreement or undertaking in a CON- TRACT or instrument of transfer. So, to covenant to do something (e.g. pay £10 per annum to a charity) is to undertake to do that thing. The point about the requirement for a deed is that a promise contained in a deed is prima facie enforceable with anything further (such as CON- SIDERATION).A covenant may be express, in that its terms are created by the par- ties themselves, or implied by law. For example, on a conveyance on sale of freehold land by a person expressed to convey as beneficial owner, the Law of Property (Miscellaneous Provisions) Act 1994 implies four covenants by the transferor, namely: (1) that the transferor has the power to convey the subject matter of the conveyance; (2) that the purchaser will not be disturbed in his physical occupa- tion (known as the covenant for quiet enjoyment); (3) that the property is free from encumbrances other than those expressly mentioned; (4) that the vendor will, at the request and expense of the purchaser, execute all such documents and do all such acts and things as may be necessary to give effect to the transfer. Where the land is leasehold, a further covenant is implied, namely, that the transferor (assignee) has paid all rent due and observed all covenants contained in the lease. Covenants may be positive or negative. For negative covenants, see FURTHER RESTRICTIVE COVENANT. |
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