Covenants in Gross Law and Legal Definition

A covenant in gross is a personal covenant. It binds only the particular owner and not the land itself. It is differentiated from a covenant appurtenant or covenant running with the land. A subsequent owner is not required to keep the promise as one would with a covenant appurtenant.

The benefit and the burden of a covenant are subject to two general classifications--appurtenant and in gross--which themselves are subject to further classification as personal or running with the land. "In gross" means that the benefit or burden of servitude is not tied to ownership or occupancy of a particular unit or parcel of land. Covenants appurtenant and covenants in gross can be personal or can run with the land. "Running with the land" means that the benefit or burden passes automatically to successors. "Personal" means that a servitude benefit or burden is not transferable and does not run with land. [Shaff v. Leyland, 154 N.H. 495 (N.H. 2006)].