| Commentary

47.1 Introduction

| Commentary

47: COVENANTS

(For covenants see Form 47.1 [1722] onwards.)

47.1 Introduction

Traditionally, ‘covenants’ were promises by deed with a secondary meaning that the word ‘covenant’ can also apply to any promise or stipulation, whether under seal or not1. Covenants are frequently encountered in a few types of agreement. The word is most often seen in agreements relating to real property, where there are important legal distinctions between positive and negative covenants. Covenants, in this sense, are both contractual undertakings and obligations that (in certain circumstances) may attach to the property and bind persons who were not party

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