Covenants: Definition
A promise to do or refrain from doing something related to land
Covenants: Real covenant
A covenant concerning real property
- Runs with the land at law
- Subsequent owners may be burdened by the covenant or may enforce it
Covenants: Affirmative covenant
A promise to do something related to land
Covenants: Restrictive covenant
A promise to refrain from doing something related to land
Covenants: Termination
Can occur by:
- Written release
- Merger of benefited and burdened estates, or
- Condemnation of burdened property
Covenants: Distinguish from equitable servitude
Difference is the remedy!
- Covenant - money damages
- Equitable servitude - injunction
Burdens of Covenant to Run with Land: 5 Requirements
1) Writing
2) Intent to bind successors in interest
3) Touches and concerns the land (usually found)
4) Horizontal and vertical privity
5) Notice of successor in interest when they take their interest
Horizontal Privity
Relationship between the covenanting parties
E.g. grantor/grantee, landlord/tenant, mortgagor/mortgagee, fee ownership/easement right in same land
Vertical Privity
Relationship between convenanting parties and their successors in interest
E.g. contract, devise, descent
Benefits of Covenant to Run with Land: 4 requirements
1) Writing
2) Intent to bind successors in interest
3) Touches and concerns the land (usually found)
4) Vertical privity
