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Whom the Covenant Benefits


WHOM THE COVENANT BENEFITS. The question arises as to who may take advantage of the covenants of title. The first grantee may, of course, take advantage of them. When he sells the land, what is the effect of the previous covenant? If the covenant is purely per sonal it does not run with the land, or follow the land to successive purchasers, and therefore cannot be en forced by subsequent purchasers.

Covenants are said to run zcith the land when the purpose is to give future protection to the title con veyed ; and not to run with the land, when their whole force is spent in giving assurance against something which immediately affects the title and causes the per son damage ; that is, present damage.

Where the covenant runs with the land, the owner for the time being is entitled to the benefits of such warranty. The covenant passing along with the land for the benefit of any subsequent purchaser.

Covenants for quiet enjoyment, warranty, and for further assurance run with the land. While cove nants of seizin, right to convey, and against incum brances do not run with the land.

Aside from the right of action for breach of cove nant, the grantee has vested in him any after acquired interest of the grantor by reason of the doctrine of estoppel. The grantor is estonped from setting up a superior title if he has not done so when it was his duty to do so, and his subsequent claim would be a breach of duty, so he is held bound by the title which he has previously affirmed.

land and run