Easement vs Covenant
Easement and covenant are mainly related to property dealings. Most of the time, people find it hard to make out the difference between Easement and covenant. Though there are certain similarities between easement and covenant, they have specific functions.
Covenant can be called as a promise made by a single party either to engage or refrain from conduct. Easement can be called as the right for using the property of another without possessing it. Though Easement provides the privilege to use the land for some purpose, it does not give the right of “possession” gto the holder.
While covenant related to land binds future title holders of a property to the covenant. On the other hand, easement can be said to be the right to do anything related to the property or to prevent someone else from doing something with the property of another.
A covenant will be clear when looking at these examples. A promise to build wall or fence or the promise not to develop the land fo any commercial purposes. Examples of easement are alowing fishing in a priovate property or providing pathways in one’s property.
When Easement inflicts certain property right, covenant calls for benefit and burden. When easement can be termed as an interest in real estate, covenants can be termed as only contractual obligation, which are not binding upon future owners.
Easement can also be called as a person’s interest in another one’s land for some specific purpose. Covenant just concerns the appropriate use of land. Unlike covenants, easements can be obtained through long usage.
Summary
1. While covenant related to land binds future title holders of a property to the covenant. On the other hand, easement can be said to be the right to do anything related to the property or to prevent someone else from doing something with the property of another.
2. Covenant can be called as a promise made by a single party either to engage or refrain from conduct. Easement can be called as the right for using the property of another without possessing it.
3. Easement can also be called as a person’s interest in another one’s land for some specific purpose. Covenant just concerns the appropriate use of land. Unlike covenants, easements can be obtained through long usage.
4. When Easement inflicts certain property right, covenant calls for benefit and burden.
5. Easement can be termed as an interest in real estate, covenants can be termed as only contractual obligation, which are not binding upon future owners.