A covenant, in its most general sense, is a solemn promise to engage in or refrain from a specified action.
More specifically, a covenant, in contrast to a contract, is a one-way agreement whereby the covenanter is the only party bound by the promise. A covenant may have conditions and prerequisites that qualify the undertaking, including the actions of second or third parties, but there is no inherent agreement by such other parties to fulfill those requirements. Consequentially, the only party that can break a covenant is the covenanter.
A religious covenant is a belief shared by members of a religious community that God has made a formal alliance or agreement with them or with humanity in general. This sort of covenant is an important concept in Judaism and Christianity, derived in the first instance from the biblical covenant tradition. An example of a covenant relationship in Judaism and Christianity is that between Abraham and God, in which God made a covenant with Abraham that He would bless Abraham's descendants making them more numerous than the stars[Genesis 15:5 & 15:18]. God made an additional covenant with Jesus Christ, called the "new covenant", in which Christ's sacrifice on the cross would atone for the sins of all mankind. Also in Islam God reminds all humanity about their covenants with him.[Qur'an 36:60,61]
A covenant may also refer to an agreement between members of a congregation to work together according to the precepts of their religion. In Islam, God enters into a covenant with Muhammad, impressing into his shoulder the seal of prophecy. In Indo-Iranian religious tradition, Mithra-Mitra is the hypostasis of covenant, and hence keeper and protector of moral, social and interpersonal relationships, including love and friendship. In living Zoroastrianism, which is one of the two primary developments of Indo-Iranian religious tradition, Mithra is by extension a judge, protecting agreements by ensuring that individuals who break one do not enter Heaven.
Under the common law a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration.
In contemporary practice in the USA, a covenant typically refers to restrictions set on contracts like deeds of sale. "Covenants, Conditions, and Restrictions," abbreviated "CC&Rs," are a complicated system of covenants, known generically as "deed restrictions," built into the deeds of all the homes[1] in a common interest development, particularly in the tens of millions of American homes governed by a homeowner association (HOA) or condominium association.
In the 1920s and 1930s, covenants that restricted the sale of property on the basis of race, ethnicity, and religion were common throughout the USA, particularly in the South where the primary intent was to keep "white" neighborhoods "white". Such a covenant prohibited a buyer of property from reselling, leasing or transferring "to any colored person or persons or any person or persons of Ethiopean (sic) or Semitic race or the any descendant [of such a race]." These were invalidated by the U.S. Supreme Court by Hansberry v. Lee in 1940. The playwright Lorraine Hansberry wrote the play A Raisin in the Sun based on her father's experience as lead plaintiff in that case.
In the context of property, covenants can be found on Property Titles that can dictate building materials, roofing materials or place restrictions on the number of dwellings that can be built on the property. The purpose of this is to maintain a neighborhood character or prevent improper use of the land. Most covenants of this nature were imposed in the 1920s through to the 1940s. It is not uncommon even today for modern development to be restricted by covenants on property titles, however they can be removed through Courts. This process is lengthy and often very expensive. In some cases it even involves local plebiscites of the nearby property owners. Control of such planning issues is usually governed by local planning schemes or other regulatory frameworks rather than through the use of covenants.
The English covenants of title, sometimes included in a property deed, are (1) that the grantor is lawfully seised (in fee simple) of the property, (2) that the grantor has the right to convey the property to the grantee, (3) that the property is conveyed without encumbrances (this covenant is frequently modified to allow for certain enncumbrances), (4) that the grantor has done no act to encumber the property, (5) that the grantee shall have quiet possession of the property, and (6) that the grantor will execute such further assurances of the land as may be requisite.[2] The English covenants may be described individually, or they may be incorporated by reference, as in a deed granting property "with general warranty and English covenants of title..."[3]
In a historical context, a covenant applies to formal promises that were made under oath, or in less remote history, agreements in which the name actually uses the term 'covenant', implying that they were binding for all time.
One of the earliest attested covenants between parties is the so-called Mitanni treaty, dating to the 14th or 15th century BC, between the Hittites and the Mitanni.
Historically, certain treaties and compacts have been given the name of covenant, most notably the Solemn League and Covenant that marked the Covenanters, a Protestant political organization important in the history of Scotland. The term 'covenant' appears throughout Scottish, English, and Irish history.
The term covenant could be used in English to refer to either the Bundesbrief of 1291, or the Pfaffenbrief of 1370, documents which led to the formation of the Swiss state or "Eidgenossenschaft". In this usage the German "Eid" is being translated as covenant rather than oath in order to reflect its written status.
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