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Simple English definitions for legal terms
implied negative covenant
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A quick definition of implied negative covenant:
An implied negative covenant is a promise that a property owner makes not to use their property in a way that would harm someone else's property rights. This promise is not explicitly stated in a contract or agreement, but is understood to be a part of the overall agreement between the parties involved. It is a type of covenant, which is a formal agreement or promise made in a contract or deed.A more thorough explanation:
An implied negative covenant is a type of covenant that binds a grantor not to allow the use of any reserved right in a way that could harm the benefits that would otherwise go to the grantee. This covenant is inferred from the entire agreement and the conduct of the parties, rather than being explicitly stated.
For example, if a grantor sells a piece of land to a grantee and retains the right to extract minerals from the land, there may be an implied negative covenant that the grantor will not extract the minerals in a way that damages the land or interferes with the grantee's use of the land.
This type of covenant is important in real estate transactions because it helps to protect the interests of both parties and ensure that the benefits of the agreement are preserved.