Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assertory covenant
see covenant (1).
Auxiliary covenant
see covenant x11.
Covenant
ub. To promise or undertake in a covenant; to agree formally.
Covenantee
The person to whom a promise by covenant is made; one entitled to the benefit of a covenant.
absolute covenant
A covenant that is not qualified or limited by any condition. Cf conditional covenant.
affirmative covenant
A covenant that obligates a party to do some act; esp., an agreement that real property will be used in a certain way. ( An affirmative covenant is more than a restriction on the use of property; it requires the owner to undertake certain specified acts.
assertory covenant
One that affirmatively states certain facts; an affirming promise under seal.
auxiliary covenant .
A covenant that does not relate directly to the primary subject of the agreement, but to something connected to it. Cf. principal covenant.
bond covenant
A bond-indenture provision that protects bondholders by specifying what the issuer may or may not do, as by prohibiting the issuer from issuing more debt. See BOND INDENTURE (1).
breach of covenant
The violation of an express or implied promise, usu. in a contract, either to do or not to do an act. See COVENANT.
collateral covenant
A covenant entered into in connection with the grant of something, but that does not relate immediately to the thing granted; esp., a covenant in a deed or other sealed instrument not pertaining to the conveyed property. Cf. inherent covenant.
concurrent covenant
A covenant that requires performance by one party at the same time as another's performance.
conditional covenant
A covenant that is qualified by a condition. Cf absolute covenant.
continuing covenant
A covenant that requires the successive performance of acts, such as an agreement to pay rent in installments.
covenant
n. 1. A formal agreement or promise, usu. in a contract.
covenant against encumbrances
A grantor's promise that the property has no visible or invisible encumbrances. ( In a special warranty deed, the covenant is limited to encumbrances made by the grantor. - Also termed general covenant against encumbrances. Cf special covenant against encumbrances.
covenant appurtenant
See COVENANT (4).
covenant for further assurances
A covenant to do whatever is reasonably necessary to perfect the title conveyed if it turns out to be imperfect. See further assurance under ASSURANCE.
covenant for possession
A covenant giving a grantee or lessee possession of land.
covenant for quiet enjoyment
See COVENANT (4).
covenant for title
A covenant that binds the grantor to ensure the completeness, security, and continuance of the title transferred. ( This covenant usu. includes the covenants for seisin, against encumbrances, for the right to convey, for quiet enjoyment, and of warranty.
covenant in deed
See express covenant.
covenant in gross
A covenant that does not run with the land. Cf. covenant appurtenant.
covenant in law
See implied covenant.
covenant marriage
A marriage that is entered into under a law establishing certain requirements for marriage and divorce in a state that otherwise allows for no-fault divorce. ( In the late 1990s, several states (beginning with Louisiana) passed laws providing for covenant marriages. The requirements vary, but most of these laws require couples who opt for a covenant marriage to undergo premarital counseling. A divorce will be granted only after the couple has undergone marital counseling and has been separated for a specified period (usu. at.least 18 months). The divorce prerequisites typically can be waived with proof that a spouse has committed adultery, been convicted of a felony, abandoned the family for at least one year, or physically or sexually abused the other spouse or a child. - Also termed high-test marriage.
covenant not to compete
See noncompetition covenant.
covenant not to sue
A covenant in which a party having a right of action agrees not to assert that right in litigation. - Also termed contract not to sue. "A covenant not to sue is a promise by the creditor not to sue either permanently or for a limited period. If the promise is one never to sue it operates as a discharge just as does a release. The theory is that should the creditor sue despite his promise not to, the debtor has a counterclaim for damages for breach of the creditor's covenant not to sue which is equal to and cancels the original claim .... If the covenant is not to sue for a limited time, the modern view is that the covenant may be raised as an affirmative defense to any action brought in violation of the covenant." John D. Calamari & Joseph M. Perillo, The Law of Contracts ยง 21-11, 878-79 (3d ed. 1987).
covenant of good right to convey
See covenant of seisin.
covenant of habitability
See implied warranty of habitability under wARRANTY (2).
covenant of nonclaim
A covenant barring a grantor or the grantor's heirs from claiming title in the conveyed land.
covenant of quiet enjoyment
See covenant for quiet enjoyment under COVENANT covenant of seisin See COVENANT (4).
covenant of seisin
A covenant, usu. appearing in a warranty deed, stating that the grantor has an estate, or the right to convey an estate, of the quality and size that the grantor purports to convey. 0 For the covenant to be valid, the grantor must have both title and possession at the time of the grant. - Also termed covenant of good right to convey; right-to-convey covenant.
covenant of seisin.
See COVENANT (4).
covenant of warranty
A covenant by which the grantor agrees to defend the grantee against any lawful or reasonable claims of superior title by a third party and to indemnify the grantee for any loss sustained by the claim. ( This covenant is sometimes treated as being synonymous with covenant for quiet enjoyment. See wARRANTY (1).
covenant running with the land
So.covenant (4)
covenant running with the title
A covenant that is specific to the conveyance of title between a grantor and a grantee.
covenant to convey
A covenant in which the covenantor agrees to transfer an estate's title to the covenantee.
covenant to renew
An executory contract that gives a lessee the right to renew the lease.
covenant to stand seised
Hist. A covenant to convey land to a relative. 0 This covenant could not be used to convey land to a stranger; the only consideration that supports the covenant is the relationship by blood or marriage.
covenant to stand seized
See COVENANT ; 4 ,.
covenantor
The person who makes a promise by covenant; one subject to the burden of a covenant - Alpo spelled covenanter.
deed of covenant
A deed to do something, such as a document providing for periodic payments by one party to another (usu. a charity) for tax-saving purposes. ( The transferor can deduct taxes from the payment and, in some cases, the recipient can reclaim the deducted tax.
deed without covenants
See quitclaim deed under DEED.
dependent covenant
A covenant that depends on a party's prior performance of some act or condition. ( Until the performance, the other party does not have to perform. Cf. concurrent covenant; independent covenant.
executed covenant
A covenant that has been fully performed.
executory covenant
A covenant that remains unperformed in whole or in part.
express covenant
A covenant created by the words of the parties. - Also termed covenant in deed. Cf. implied covenant.
full-covenant-and-warranty deed
See warranty deed.
future covenant
A covenant that can be breached only upon interference with the possession of the grantee or the grantee's successors. ( The covenants in this class are the covenant for further assurances, the covenant for quiet enjoyment, and the covenant of warranty. The distinction between future and present covenants becomes important in determining when the statute of limitations begins to run. Cf. present covenant.
future covenant.
See COVENANT (4).