Present Covenant Law and Legal Definition

Present covenant refers to a covenant that can be breached only at the time of conveyance. The present covenant is reasonably related to safeguarding the employer's protectable interest is a matter of time and territory and activity scope. The reasonableness in a present covenant is measured by its injurious effect on the general public and the extent of the hardship on defendant. The present covenant is affirmative in nature and grants no easement. It might impose such a restriction on alienability to make its enforcement as one running with the land against public policy.[ Miller v. Clary, 210 N.Y. 127].

The three covenants in this class are the covenants against encumbrances, the covenant of right to convey, and the covenant of seisin.