Legal Definitions - inherent covenant

Definition: An inherent covenant is a type of covenant that directly relates to land, such as a covenant of quiet enjoyment. It is a promise made in a deed or implied by law that burdens or benefits a landowner. It is different from a collateral covenant, which is a covenant that does not relate immediately to the conveyed property.

Example: A property owner sells a piece of land to a buyer and includes an inherent covenant of quiet enjoyment in the deed. This means that the buyer has the right to use and enjoy the property without interference from the seller or anyone else with a superior claim to the property. If the seller breaches this covenant by interfering with the buyer's use and enjoyment of the property, the buyer may have legal recourse against the seller.

Explanation: Inherent covenants are promises made in a deed that directly relate to the property being conveyed. They are binding on subsequent owners of the property and cannot be separated from the property. In the example given, the covenant of quiet enjoyment is an inherent covenant because it directly relates to the buyer's use and enjoyment of the property. If the seller had included a collateral covenant in the deed, such as a promise to maintain a fence on the property, it would not be an inherent covenant because it does not directly relate to the conveyed property.