Covenant
A covenant is a formal agreement (or undertaking) between two or more parties to do something or to refrain from doing something. The covenantor makes a undertaking to the covenantee to do something or to refrain from doing something. Covenants are binding on the party giving the covenant (the covenantor). Covenants are similar to contract conditions, but the burden they impose may remain enforceable by parties who were not a party to the original arrangement.
For example, a restrictive covenant is a formal agreement between two or more parties that restricts the rights or actions of one or more of the parties. Restrictive covenants may be imposed by a seller of a piece of land, preventing the buyer from using it in a way that could cause harm to land the seller has retained. For example, a restrictive covenants might:
- Prevent buildings or structures being erected on the land.
- Prevent use of the land for business activity.
- Prevent residential development on the land.
The restrictive covenant is tied to the ownership or use of land (it runs with the land), rather than to the original parties to the agreement.
For more information see: Restrictive covenant.
Leasehold covenants are the undertakings made in contracts concerning the leasing of property. Leasehold covenants are sometimes referred to as ‘positive covenants’ because they oblige the parties to do something, as opposed to a restrictive covenant which is an obligation not to do something.
For more information see: Leasehold covenants.
An alienation covenant deals with the transfer of property from one party to another. It is a covenant in a lease which determines whether a tenant can ‘alienate’ the land. This refers to the tenant’s ability to do the following:
- Assigning the lease to another party.
- Underletting or sub-letting the property.
- Sharing occupation of the property.
For more information see: Alienation covenant.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Not buildings. Happy holiday from DB.
Future Homes Standard: Industry calls for more ambition
As the Government FHS consultation finally closes.
Improving government projects with data and AI
Enabling better outcomes, efficient modern delivery and influential leadership on government projects.
BSRIA Living Laboratory Innovation Challenge
Final days for submission, closing March 29.
Windows, their frames, forms, factors and functions.
The hidden subtleties of U-Value calculations
Different contexts and what to include as variables.
A brief run down with related articles.
Electrical sector calls for safer public EV charge points
Serious concerns about electrical safety in the public domain.
Building Blocks manifesto presented to parliament
Architects Declare call in for support of five critical policies.
The four elements of project management with APM
Analysis, expectations, collaborative communication and partnerships.
City of London launches Heritage Building Retrofit Toolkit
Empowering owners to initiate necessary adaptations.
Guidance on RAAC in listed buildings
Published by Purcell, endorsed by IHBC, SPAB and C20.
Learning from the past.
Reluctance to hire people with criminal convictions revealed
Employing People with Criminal Convictions Report.
Tackling unconscious bias; Women's History Month
Personal reflections, as the last week of March approaches.