mellb
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#1
Report Thread starter 9 years ago
#1
A covenantor is the person who agrees to the covenant, a covenantee is the person with whom the agreement is made. So the buyer of the land is normally the covenantor because the seller will want them to agree as a condition of the sale.

But in all the past papers it always says the buyer covenants with the seller that the buyer will/will not blah de blah. Does this mean the buyer is the covenantee because he says the conditions, or does it make him the covenantor because he is still the one who has to abide by them?
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mellb
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#2
Report Thread starter 9 years ago
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Oh that's okay, I think I just found a strange definition. This one makes more sense - the landowner making the promise on behalf of his land is the covenantor and the landowner to whom the promise is made is the covenantee. So in those questions the buyer is still the covenantor because he's making the promises. Phew!
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xxlazypandaxx
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#3
Report 8 years ago
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I got confused when reading about this too? Can someone clarify...

Say A lets to B. B promises not to use the premises for business premises nor sublet to anyone

Is A or B the covenator?
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Darlo123
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#4
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A is the covenantor and B is the covenantee
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Hally77
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#5
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Thats not right.
You are contradicting what Mell said before..

and that means that B is the covenantor, the person agreeing to the covenant.

(and these ads are really annoying and intrusive, and take up a third of my screen. isn't that giving something, then taking it away, and saying give us money and we'll give you back what you had before for free. is there anywhere else that does that? Is it beyond redemption? )
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IsaacLLB
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That's correct B is the covenantor and A is the covenantee, it can vary depending on who gives and receives the promise.
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Bitesizelaw
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#7
Report 1 year ago
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(Original post by IsaacLLB)
That's correct B is the covenantor and A is the covenantee, it can vary depending on who gives and receives the promise.

Look at who is to receive the benefit of the covenant (i.e. promise). That is the covenantee. I remember this as ben-e-fit = covenantee

The person who has the burden of the covenant is the covenator. The covenantee owns the dominant land (the 'benefitted land) and the covenantor owns the servient land (the 'burdened' land).

If A promises to B not to build on A's land then B is the person who benefits from this promise. A has the burden i.e. not to build. A = the covenantor. B = the covenantee

Amanda Grant a.k.a. BiteSizeLaw (Private tutor)
Last edited by Bitesizelaw; 1 year ago
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