COVENANTEE - The Law Mind Legal Dictionary

COVENANTEEAuthored

The Law Mind • 639 words

Definition

The party in whose favor a covenant is made — that is, the person to whom the promise or obligation contained in a covenant runs. The covenantee stands opposite the covenantor, who makes the promise. In a bilateral agreement containing mutual covenants, both parties may simultaneously occupy the role of covenantee with respect to the promises running to them.

In the context of real property, the covenantee is the party entitled to enforce the covenant, whether personal (binding only the original parties) or real (running with the land and enforceable by successors in interest).

Why It Matters in Research

COVENANTEE is a relational term — it has no independent meaning without reference to a specific covenant and its corresponding covenantor. Researchers reading historical deeds, property records, and contract instruments must identify which party occupies which role, as the rights and remedies available differ substantially depending on that assignment.

In real property contexts, the distinction matters most when covenants run with the land. A covenantee's successors in interest may inherit the right to enforce a real covenant, but only if the covenant meets the formal requirements for running — touch and concern, privity, and intent. Historical sources treat these requirements inconsistently, and whether a particular covenant "ran" to subsequent covenantees was heavily litigated in nineteenth-century American law. The Bouvier's entry hints at this complexity by referencing cases on releases of right and title, noting that covenants limited to those claiming under the grantor do not bar the grantor from asserting after-acquired title against the covenantee — a nuance that the other historical dictionaries omit entirely.

Researchers working in equity will also encounter covenantee in the context of restrictive covenants on land, where the identity of the covenantee (and whether successors can enforce) governs standing to seek injunctive relief. This is a live area in zoning and land use research where historical deed language still controls.

Historical Dictionary Support

The historical dictionaries are unanimous on the core definition: the covenantee is the party in whose favor a covenant is made. Black's (both editions), Bouvier's, Rapalje & Lawrence, and Burrill's all converge on this formulation, several citing Sheppard's Touchstone (c. 1648) as authority — indicating the term was settled in English common law long before American codification.

Bouvier's is the outlier in terms of depth. Where the other sources treat COVENANTEE as a simple relational label requiring only a sentence, Bouvier's embeds a substantive discussion of how covenants behave in property transfers — specifically how covenants limited to those claiming under the grantor interact with after-acquired title doctrines. This material more properly belongs under COVENANT or COVENANT RUNNING WITH THE LAND, and its placement under COVENANTEE reflects Bouvier's editorial practice of using defined terms as hooks for broader doctrinal exposition. Researchers should not mistake the presence of that discussion as a feature of the term itself.

None of the historical sources address the covenantee's role in the modern context of equitable servitudes or homeowners' association covenants, where the identity of the covenantee is often diffuse (a developer, a neighborhood association, or all lot owners) rather than a single named party.

COVENANTEEmain

Black's Law Dictionary • 1891

The party to whom a covenant is made. Shep. Touch. 160.

COVENANTEEmain

Bouvier's Law Dictionary • 1928

In case of a release of right and title, cove- nants limited to those claiming under the grantor do not prevent the assertion by the grantor of a subsequently acquired title; 26 N. H. 401; 4 Wend. 800; 5 Gray 328; 11 Ohio 475; 14 Me. 351; 48 id. 482; 14 Cal. 472. It is a real covenant, and runs with the estate in respect to which it is made, into the hands of whoever becomes the owner; 2 Washb. R. P. 659; Chal. R. P. 279; 4 Sneed 52; 82 Va. 702; 40 La. Ann. 827; against the covenantor and his personal representa- tives; 27 Pa. 288; 8 Zabr. 260; see 142 Ν. Y. 78; to the extent of assets received, and cannot be severed therefrom; 18 Ired. 193. The covenant of warranty and that of seisin or of right to convey are not equiva- lent covenants. Defect of title will sustain an action upon the latter, while disturbance of possession is requisite to recover upon the former; 131 U.S. 75. Grantors hav- ing made an express contract of warranty, cannot set up knowledge of vice in their title, to exonerate themselves from the ob- ligation of their contract; 138 U. S. 595. The action for breach should be brought by the owner of the land and, as such, as- signee of the covenant at the time it is broken; 4 Johns. 89; 19 Wend. 334; 2 Mass. 455; 7 id. 444; 8 Cush. 219; 10 Me. 81; 5 Τ. B. Monr. 357; 12 N. H. 413; but may be by the original covenantee, if he has satisfied the owner; 5 Cow. 187; 8 Cush. 222; 5 Т. B. Monr. 357; 1 Conn. 244; 1 Dev. & B. 94; 10 Ga. 311; 26 Vt. 279. To constitute a breach there must be an eviction by paramount title; Rawle, Cov. § 181; 6 Barb. 165; 5 Harr. Del. 162; 11 Rich. 80; 13 La. Ann. 390, 499; 5 Cal. 262; 4 Ind. 174; 6 Ohio St. 525; 26 Mo. 92; 17 III. 185; 36 Me. 455; 14 Ark. 309; 35 Neb. 521; 26 S. W. Rep. (Tex). 443;41 Vt. 296; which may be constructive; 12 Me. 499; 17 III. 185; 86 id. 69; and it is sufficient if the tenant yields to the true owner, or if, the premises being vacant, such owner takes possession; 5 Hill 599; 4 Mass. 349; 8 Ill. 162; 5 Ired. 393; 40 Minn. 94; 98 N. C. 239; 40 La. Ann. 827; 39 Cal. 360; 33 N. J. L. 328. See 4 Halst. 139. But in such case the grantee must prove the existence and assertion of such paramount, outstanding, hostile title; 16 Or. 388; 51 III. 377; 47 Ind. 256; 66 Me. 557; 108 Mass. 276; 40 Vt. 43; and assume the burden of proof with as much particu- larity as if suing in ejectment; Rawle, Cov. § 136; 32 Ia. 76; 51 Tex. 178; unless the adverse right has been established by a judgment or decree in a suit of which the covenantor had been properly notified; Rawle, Cov. § 136; in which case the judg- ment or decree will be conclusive evidence of the validity of the paramount title; id. See id. § 123 et seq. Exercise of the right of eminent domain does not render the covenantee liable; 31 Pa. 37; 71 id. 83; 25 Cal. 452; 10 Cush. 134; 3 Wheat. 452. When the covenantee is threatened with eviction, it is usual and proper for him to give notice to the covenantor to appear and defend the suit. If it appears on the record that the covenantor received the notice or if he defends the suit, recovery therein will be conclusive against him in an action by the covenantee; otherwise the question of notice will go to the jury on the facts. If no notice was given, the record of the adverse suit is not even prima facie evi- dence that the adverse title was paramount. Notice of the adverse suit is not indispen- sable to a recovery against the covenantor; Rawle, Cov. § 125. As to the measure of damages for an eviction, see MEASURE OF DAMAGES.

COVENANTEEmain

Bouvier's Law Dictionary • 1928

One in whose favor a covenant is made. Shepp. Touch. 150.

COVENANTEEn.

Websters Unabridged Dictionary (1913) • 1913

The person in whose favor a covenant is made.

covenanteenoun

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
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The person in whose favor a covenant is made.

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