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LSDefine
Simple English definitions for legal terms
breach of covenant
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A quick definition of breach of covenant:
Breach of covenant is when someone breaks a promise they made in a contract, either to do something or not do something. A covenant is a formal agreement or promise, usually in a contract. There are different types of covenants, such as affirmative covenants that require someone to do something, and negative covenants that require someone to not do something. Covenants can also be running with the land, meaning they bind successor grantees indefinitely, or personal, meaning they only create a personal right or obligation enforceable between the covenanting parties. When someone breaches a covenant, they can be sued for damages.A more thorough explanation:
Breach of covenant refers to the violation of an express or implied promise, usually in a contract, either to do or not to do an act. A covenant is a formal agreement or promise, usually in a contract. There are different types of covenants, such as:
- Affirmative covenant: An agreement that real property will be used in a certain way.
- Conditional covenant: A covenant that is qualified by a condition.
- Restrictive covenant: A private agreement, usually in a deed or lease, that restricts the use or occupancy of real property.
For example, if a person agrees to sell their property to another person with a covenant that the property will not be used for commercial purposes, but the buyer uses the property for a business, they have breached the covenant.