COVENANT. (Excerpt) Real and personal. A real covenant is one which binds the heirs of the covenantor and passes to assignees or purchasers; a covenant the obliga tion of which is so connected with the realty that he who has the latter is either entitled to the bene fit of it or is liable to perform it; a covenant which has for its object something annexed to, or inherent in, or connected with, land or other real property, and runs with the land, so that the grantee of the land is invested with it and may sue upon it for a breach happening in his time. 4 Kent, Comm. 470; 2 Bl.Comm. 304; Chap man v. Holmes, 10 N.J.Law, 20; Skinner v. Mitch ell, 5 Kan.App. 366, 48 P. 450; Oil Co. v. Hinton, 159 Ind. 398, 64 N.E. 224; Davis v. Lyman, 6 Conn. 249. Covenant to renew. An executory contract, giving lessee the right to renew on compliance with the terms specified in the renewal clause, if any, or, if none, on giving notice, prior to termi nation of the lease, of his desire to renew, where upon the contract becomes executed as to him. Freiheit v. Broch, 98 Conn. 166, 118 A. 828, 830
EASEMENT. (Excerpt) A right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property in the owner. Hollomon v. Board of Education of Stewart County, 168 Ga. 359, 147 S.E. 882, 884; Frye v. Sebbitt, 145 Neb. 600, 17 N.W.2d 617, 621. A privilege which the owner of one adjacent tenement hath of another, existing in respect of their several tenements, by which that owner against whose tenement the privilege exists is obliged to suffer or not to do something on or in regard to his own land for the advantage of him in whose land the privilege exists. Termes de la Ley, Easements.
PARCELS. A description of property, formally set forth in a conveyance, together with the bound aries thereof, in order to its easy identification.
PARTICULAR. Relating to a part or portion of anything; separate; sole; single; individual; spe cific; local; comprising a part only; partial in extent; not universal. Opposed to general. State v. Patterson, 60 Idaho 67, 88 P.2d 493, 497. Min neapolis Steel Machinery Co. v. Casey Land Agency, 51 N.D. 832, 201 N.W. 172, 175. As to particular "Average," "Custom," "Estate," "Malice," and "Partnership," see those titles.
PLAT, or PLOT. A map, or representation on paper, of a piece of land subdivided into lots, with streets, alleys, etc., usually drawn to a scale. McDaniel v. Mace, 47 Iowa, 510; Burke v. McCow en, 115 Cal. 481, 47 P. 367.
PROPERTY. (Excerpt) That which is peculiar or proper to any person; that which belongs exclusively to one; in the strict legal sense, an aggregate of rights which are guaranteed and protected by the government. Fulton Light, Heat & Power Co. v. State, 65 Misc.Rep. 263, 121 N.Y.S. 536. The term is said to extend to every species of valuable right and interest. McAlister v. Pritchard, 230 S.W. 66, 67, 287 Mo. 494. More specifically, ownership; the unrestricted and exclusive right to a thing; the right to dispose of a thing in every legal way, to possess it, to use it, and to exclude every one else from interfering with it. Mackeld. Rom. Law, § 265. That dominion or indefinite right of use or disposition which one may lawfully exercise over particular things or subjects. Transcontinental Oil Co. v. Emmerson, 298 Ill. 394, 131 N.E. 645, 647, 16 A.L.R. 507. The exclusive right of possessing, enjoying, and disposing of a thing. Barnes v. Jones, 139 Miss. 675, 103 So. 773, 775, 43 A.L.R. 673; Tatum Bros. Real Estate & Investment Co. v. Watson, 92 Fla. 278, 109 So. 623, 626. The highest right a man can have to anything; being used for that right which one has to lands or tenements, goods or chattels, which no way depends on another man's courtesy. Jackson ex dem. Pearson v. Housel, 17 Johns. 281, 283.
SAID. Before mentioned. This word is constantly used in contracts, pleadings, and other legal papers, with the same force as "aforesaid." Murry v. State, 150 Ark. 461, 234 S.W. 485, 486; Greeley Nat. Bank v. Wolf, C.C.A.Colo., 4 F.2d 67, 69.
SUBDIVISION. Division into smaller parts of the same thing or subject-matter. Kansas City v. Neal, 122 Mo. 232, 26 S.W. 695, 696.
SURVEY, v. Of land, to ascertain corners, bound aries, divisions, with distances and directions, and not necessarily to compute areas included within defined boundaries. Keer v. Fee, 179 Iowa, 1097, 161 N.W. 545, 547
TRACT. A lot, piece or parcel of land, of greater or less size, the term not importing, in itself, any precise dimension. See Edwards v. Derrickson, 28 N.J.L. 45; Holt v. Wichita County Water Im provement Dist. No. 2, Tex.Civ.App., 48 S.W.2d 527, 529. As applied to a mineral location the word "tract" implies a surface location. Whildin v. Maryland Gold Quartz Mining Co., 33 Cal.App. 270, 164 P. 908, 910.
WIT. To know; to learn; to be informed. Used only in the infinitive, to wit, which term is equiva lent to "that is to say," "namely," or "videlicet."
WHEREAS. When in fact. Stoltz v. People, 59 Colo. 342, 148 P. 865, 866. Although. Hill v. Smith, 95 Conn. 579, 111 A. 840, 842. A "whereas" clause of a contract is but an introductory or prefatory statement meaning "considering that" or "that being the case", and is not an essential part of the operating portions of the contract. Jones v. City of Paducah, 283 Ky. 628, 142 S.W.2d 365, 367.
WHEREBY. By or through which; by the help of which; in accordance with which. State ex rel. Finnegan v. Lincoln Dairy Co., 221 Wis. 1, 265 N.W. 197, 200.
It says on page one of the covenant, "being more particulary described as Lots 1, 2, 3...", does this apply to the map/plat attached to the covenant?
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