The vendor's covenants, if the estate be freehold, should be entered into with the grantee, releasee, or feoffee to uses (if any): if the estate be copyhold, it appears to be the preferable practice, instead of taking a covenant to surrender with covenants for title and production in the same deed, to let the surrender precede the execution of the deed containing the covenant for title and production; as, if the former course be adopted, it is not clear that the covenants will run with the bond (k).

To what documents it extends.

With whom vendor's covenants should be entered into.

(e) 5 Dav. Conv. 595.

(f) Including of course deeds of covenant for production entered into by prior vendors; Sug. 478.

(g) Cooper v. Emery, cited in Hayes on Conv. 573, 3rd ed.

(h) Stevens v. Guppy, 2 Sim. & Stu. 439.

(i) Sug. 479, 731; even then, the result is not free from doubt; vide infra, Ch. XIV.

On the other hand the vendor may, in certain cases, require covenants on his own account; for it may be laid down as a general rule, that whenever he is personally subject to liabilities, either in respect of the estate, or for the performance of which the estate stands as a security, the purchaser, in taking the estate, must undertake the liabilities, and covenant to indemnify the vendor against them.

For instance, on the sale of an equity of redemption the purchaser must covenant to pay the mortgage debt and future interest (l).

So, on the sale of leaseholds, either by the original lessee or by an assignee who has entered into a similar covenant with a prior owner, the purchaser must covenant to pay the rent and perform the covenants contained in the lease, and to indemnify the vendor against the same (m).

The same rule would, it is conceived, apply to the sale of freehold land subject to quit-rent which the vendor is under a personal liability to pay: so, where a vendor of freeholds had, on his own purchase, covenanted to observe the covenants entered into by a former owner, and which prohibited building upon the land, he was held to be entitled to a similar covenant from a purchaser who bought with notice of the restriction, and filed a bill for specific performance (n).

Upon the same principle, when the vendor has covenanted with a former purchaser for the production of the deeds, a purchaser of the residue of the estate, if he take the deeds, must covenant for their production to the first purchaser (o).

Purchaser's covenants with vendor.

On purchase of equity of redemption.

Or leaseholds, or freeholds subject to quit-rent, or covenants for or upon which vendor is liable.

For production of deeds.

(k) 3 Dav. Conv. 306; 9 Jarm. Conv. by S. 188.

(l) Ibid.

(m) Staines v. Morris, 1 V. & B. 8; and see Close v. Wilberforce, 1

Beav. 112; Cochrane v. Robinson, 11 Sim. 378.

(n) Moxhay v. Inderwick, 1 De G. & S. 708.

Where the contract for sale was that the conveyance should be made subject to certain specified stipulations as to the mode of building upon the land, and also to "a covenant on the part of the purchaser, his heirs and assigns, and proper provisions for securing the due observance and performance thereof," it was held that the conveyance should contain, not only the covenant, but also a power for the vendor or his representatives to enter and remove any buildings erected in breach of such covenant, and to retain possession until payment of the consequent expenses; but that he was not entitled to have a term for years, or a rent charge, limited to a trustee by way of security for the performance of the covenant (p).

Under an agreement to purchase the minerals under a given surface, the price to be payable by instalments, and the payments to be accelerated if more than a given quantity of minerals be gotten from time to time, the vendor is entitled to a covenant in the conveyance, reserving to him a right of entry for the purpose of ascertaining the state of the workings (q).

Under an agreement to purchase land in consideration of a life annuity, "to be charged on the land," the vendor is entitled to, not only the charge, but also, the purchaser's covenant for payment (r).

And a purchaser who accepts the benefit of the conveyance, will be bound in Equity by the covenants on his part therein contained, although he do not execute it (s).

Agreement against using land in specified manner- performance of, now to be secured in conveyance.

Vendor of minerals, entitled to power to enter and ascertain state of workings.

Purchaser in consideration of annuity, covenants for payment.

Purchaser when bound in Equity by covenants, although he do not execute.

(o) Vide infra, ch. xiii. (p) Ed. parte Ralph, 1 De Gex, 219; see the form given, p. 228. (q) Blakesley v. Whieldon, 1 Ha.176

(r) Bower v. Cooper, 2 Ha. 408.

(s) Willson v. Leonard, 3 Beav. 373.