In one of our previous works, particularly, the piece on “The types of leases”, we looked at the parol lease, written lease, and the lease under seal. In summary, it was highlighted alongside some legal authorities that: parol lease are simply oral in nature without any written agreement; written lease as the name implies is a lease which is written down and containing the terms of the lease as agreed by the parties; and then, the lease under seal which is a done under seal, and usually is SIGNED, SEALED, and DELIVERED. In this piece, we shall be specifically looking at what a covenant is, and its common classifications.
A covenant ordinarily means an agreement between two or more persons. It can be seen as a promise or formal agreement between two or more people. When covenants are mentioned in an agreement they simply imply certain specific agreements within the existing agreement. They can also be considered as terms, but then more detailed and as ‘heavy clauses’. Parties to an agreement can agree to do certain things; however, these things which they agree to do could be classified into three types which are:
- EXPRESS COVENANTS: As the name implies, express covenants are those covenants which are not implied. They have to be expressly stated because they have to be definite in the agreement. Covenants that deal with rent, repair, rates and charges, etc., are good examples of covenants which are express.
- IMPLIED COVENANTS: Implied covenants are covenants which are not expressly stated in the agreement. As the name implies, they are covenants which are implied, or put another way, they are covenants which are inferred in the agreement.
- USUAL COVENANTS: They are covenants which are considered common or proper. That is to say that, they are covenants which are known to be always used in a particular kind of agreement. For instance, where an agreement on tenancy is to be drafted, there are some covenants which are commonly included in such transactions. The court usually takes into consideration the general conveyancing practice and the type of lease, and other factors into view when considering such covenants.
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