A covenant is an agreement written under seal commonly used with reference to sales or leases of land. Covenants are privately negotiated and agreed not necessarily obligating both parties involved, but a promise to perform or give something to the other party. The legal document is part of the deed of ownership and represents a binding contract between two parties: the covenantor (the person bound to perform the promise or stipulation) and the covenantee (the person on whose favour it is made). In this instance, Robert is the covenantor, one doing the favour, and John is the covenantee, for whom the favour is intended. Favour at this instance is the retaining wall in Robert's property.
Covenants are subdivided into numerous classes. Restrictive covenant is a covenant which restricts the use of land, which is binding not only upon the current owner, but also upon the future owners of the land. A covenant real runs with the land and descends to the heir and is also transferred to a purchaser. If the original owner of Robert's land covenanted to maintain the wall, then the nature of the covenant is a restrictive covenant. ...Show more