covenant
KUV-uh-nunt
/ˈkʌv.ə.nənt/
A formal, legally binding contract, promise, or restrictive agreement built into a real estate deed that binds property owners.
Differs from regular contracts because real estate covenants run with the land, binding all future property buyers.
The story behind the word. Traced to Latin 'con-' (together) and 'venire' (to come). In medieval legal traditions, parties literally came together before witnesses to swear solemn oaths regarding land ownership. This evolved into legal property covenants.
Word relationships
- stipulation: A stipulation is a condition within a standard agreement, whereas a covenant is a solemn, permanent property-bound restriction.
- breach: A breach is the violation of an obligation, whereas a covenant is the binding obligation itself.
Commonly confused with
- easement: A covenant restricts what an owner can do with their property, whereas an easement grants someone else permission to access or use the property.
Word family
- covenanted (adjective): Promised or restricted under a formal deed agreement.
Collocations
- restrictive covenant
- deed covenant
- covenant running with the land
- breach of covenant
- enforce a covenant
Example sentences
- "Private agreements alone, including a restrictive covenant, cannot be enforced by state courts if they violate equal protection guarantees." Constitutional Law (Supreme Court of the United States, Shelley v. Kraemer (1948))
- "The homeowner association enforced a strict restrictive covenant prohibiting members from painting houses non-approved colors." Neighborhood Association
Memory hook
A COVERED promise made in a CONTRACT that binds land forever. A solemn promise attached to property deeds.
When not to use
Do not use for casual verbal promises or flexible personal agreements.
Fun facts
- Until outlawed by the US Supreme Court in 1948, racially restrictive covenants were widely used to exclude minority buyers from purchasing suburban homes.
Related words
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