HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
positive covenant
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A quick definition of positive covenant:
A positive covenant is a promise to do something, usually related to real estate. It is different from a negative covenant, which is a promise not to do something. Positive covenants can include things like building a fence or using the property in a certain way. These promises are usually made in a contract or agreement and can be enforced by law.A more thorough explanation:
A positive covenant is a type of agreement or promise in a contract that obligates a party to do something. It requires the party to undertake certain acts on the property. For example, a positive covenant may require a property owner to erect a fence within a specified time. This is different from a negative covenant, which requires a party to refrain from doing something.
Example: In a real estate financing transaction, a borrower may make a positive covenant to the lender not to encumber or transfer the real estate as long as the loan remains unpaid.
This example illustrates a positive covenant because the borrower is promising to do something (not encumber or transfer the real estate) rather than refraining from doing something.