An express covenant is a specific agreement made between parties that is clearly stated in a legal document, such as a deed. Unlike some legal agreements that may require particular formats, an express covenant can be formed through any clear language indicating the parties' intentions to either perform or refrain from certain actions.
Express covenants are commonly used in various legal contexts, including real estate transactions, contracts, and family law agreements. They help clarify the obligations and rights of each party involved. Users can often manage these agreements themselves using templates available from US Legal Forms, which are drafted by qualified attorneys to ensure legal compliance.
Here are a couple of examples of abatement:
Example 1: A homeowner agrees in a deed to maintain a fence on their property, clearly stating this obligation in the document. This is an express covenant.
Example 2: Two business partners enter into a written agreement where one partner agrees not to compete in the same market for a specified period. This is also an express covenant.
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Express covenants must be explicitly stated in property deeds to be enforceable. |
| New York | Specific language is required for express covenants related to real estate. |
| Texas | Express covenants can be enforced even if not recorded, provided they are in writing. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Implied Covenant | A covenant that is not expressly stated but is assumed to exist based on the nature of the agreement. | Unlike express covenants, implied covenants are not written but are inferred from circumstances. |
| Contract | A broader agreement between parties that may include express covenants as part of its terms. | Contracts can include both express and implied terms, while express covenants specifically refer to written obligations. |
If you are entering into an agreement that involves an express covenant, ensure that all terms are clearly written and agreed upon by all parties. You may want to use templates from US Legal Forms to draft your agreement accurately. If your situation is complex, consider consulting a legal professional for tailored advice.
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An express covenant is explicitly stated in writing, while an implied covenant is assumed based on the nature of the agreement.