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A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration.〔(Covenant ). From the 'Lectric Law Library's Lexicon.〕 In United States contract law, an implied ''covenant'' of good faith is presumed. A covenant is a type of contract in which the covenantor makes a promise to a covenantee to do (affirmative covenant) or not do some action (negative covenant). In real property law, the term real covenants is used for conditions tied to the use of land. A "covenant running with the land", also imposes duties or restrictions upon the use of that land regardless of the owner. Restrictive covenants are somewhat similar to easements and equitable servitudes, leading to some discussion about whether these concepts should be unified;〔(Integration of the Law of Easements, Real Covenants and Equitable Servitudes ). ''Washington Law Review''.〕 the Restatement (Third) of Property takes steps to merge these concepts as servitudes.〔Hernandez MV. (2005). (Restating Implied, Prescriptive, and Statutory Easements ). ''Real Property, Probate and Trust Journal''.〕 Real covenant law in the United States has been referred to as an "unspeakable quagmire" by one court.〔Lucas D. (2004). (There is a Porn Store in Mr. Roger's Neighborhood: Will You Be Their Neighbor? How to Apply Residential Use Restrictive Covenants to Modern Home Businesses ). ''Campbell Law Review''.〕 Covenants for title are covenants which come with a deed or title to the property, in which the grantor of the title makes certain guarantees to the grantee.〔 Non-compete clauses in the United States are also called restrictive covenants. ==Covenants related to land== In property law, land-related covenants are called "real covenants" and are a major form of covenant, typically imposing restrictions on how the land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant). These may also "run with the land" (called a ''covenant appurtenant''), meaning that any future owners of the land must abide by the terms, or may apply to a particular person (called a ''covenant in gross'').〔Covenant. (2008). West's Encyclopedia of American Law, edition 2. Retrieved August 7, 2009, from http://legal-dictionary.thefreedictionary.com/Covenant.〕 Under English law, affirmative covenants typically do not run with the land; in the United States such covenants are examined more closely, but with exceptions affirmative covenants have been permitted to run with the land.〔New York has been one such exception; see (Nicholson v. 300 Broadway Realty Corp., 7 NY 2d 240 - NY: Court of Appeals 1959 ).〕 The covenant may be shown in the deed and should be disclosed to prospective purchasers; it may also be recorded, or in the case of Commonwealth countries shown in Torrens title. Real covenants and easements or equitable servitudes are similar〔Schnably. (Easements, Covenants, and Equitable Servitudes ).〕 and in 1986, a symposium discussed whether the law of easements, equitable servitudes, and real covenants should be unified.〔 As time passes and the original promisee of the covenant is no longer involved in the land, enforcement may become lax.〔(Expanded outline on covenants ) Harvard Law School.〕 Covenants may be imposed through homeowner associations, and controversy has arisen over selective enforcement. Historically, particularly in the United States exclusionary covenants were used to exclude racial minorities. Some covenants exist for safety purposes, such as a covenant forbidding the construction of tall buildings in the vicinity of an airport or one restricting the height of fences on corner lots (so as not to interfere with drivers' sight lines). Covenants may restrict everything from the height and size of buildings to the materials used in construction to superficial matters such as paint color and holiday decorations. In residential areas, covenants may forbid "dirty" businesses (such as feedlots or chemical production facilities) or business use entirely, or modifications such as amateur radio antenna. Amateur radio restrictions have been particularly controversial; in 1985 the U.S. Federal Communications Commission issued PRB-1 preempting state and local restrictions, but not private restrictions; in 2012 after Congress passed a law requiring study of this issue (at the urging of amateur radio group ARRL), the FCC declined to extend this preemption. In Canada, governmental authorities may use restrictive covenants as well as zoning. For instance, the city of Calgary's requirement that buildings in the general vicinity of Calgary International Airport be under a certain height is registered against virtually every title in the northeast quadrant of the city as a restrictive covenant, not as a zoning by-law. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Covenant (law)」の詳細全文を読む スポンサード リンク
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