Real Estate Law
In legal practice, though, and contemporary legal discourse the word is used rather more loosely to mean just an obligation affecting landowner, instead of the obligation is created by deed. The covenant can be positive and negative. In positive covenant there is a need of act to be executed like building a house. On the other hand a negative covenant requires an act not to be done such as not to build a house. Landowners often get it useful to attempt to regulate the use and development of land. Like for example, two neighbours may agree with each other that they will not build house in a way that interviews with the others view. This example shows how a covenant can be used as a tool for developing a legal right and securing title to property.
Covenants are quite special because they can take on the character of property, transcending limitations contract that will such a covenant will then run with the land and enforceable by and between successes title, those persons who were not parties to the development of covenant. At common-law, the stress of a covenant affecting freehold land does not move along with it. This rule is quite immutable, for which there is no any exceptions. The original covenant for successors in title are not compel but the covenant, without thinking about the covenant whether it is negative or positive. However, in most of the jurisdictions there is now legislation which appears to overturn this common-law rule.