Dependant Covenant Law and Legal Definition

Dependant covenant refers to a covenant that depends on a party’s prior performance of some act or condition. However, until the performance, the other party does not have to perform. In Withers v. Wabash R. Co., 122 Mo. App. 282 (Mo. Ct. App. 1907), a dependent covenant is such as requires something to be done or omitted which represents the theory on which it depends; in such cases it becomes appurtenant and runs with the land.