Covenants Are Obligatory Or Declaratory. An obligatory covenant is one which is binding on the party himself, and shall never be construed to raise a use. A declaratory covenant is one which serves to limit and direct uses. Covenants Are Principal And Auxiliary. In this case, if the principal covenant is void, the auxiliary is discharged.
Covenants Are Legal Or Illegal.
A legal covenant is one not forbidden by law. Covenants of this kind are always binding on the parties. An illegal covenant is one forbidden by law, either expressly or by implication. A covenant entered into, in violation of the express provision of a statute is absolutely void. These covenants are also termed covenants in gross.