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Encyclopedia > Covenant running with the land
Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, and abandoned property
Alienation  · Bailment  · Licence
Estates in land
Allodial title  · Fee simple
Life estate  · Fee tail  · Future interest
Concurrent estate  · Leasehold estate
Condominiums
Conveyancing of interests in land
Bona fide purchaser  · Torrens title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste  · Partition
Riparian water rights
Lateral and subjacent support
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence

A covenant running with the land, is a real covenant, in the law of real property. It is a nonpossessory interest in land in one form as an agreement between adjoining landowners to do something (affirmative covenant) or to refrain from doing something (restrictive covenant) with relation to the land. An example of an affirmative covenant is a promise to build a fence, while an example of a restrictive covenant is a promise not to develop land for commercial use. Another agreement form that is common is as a Covenants, Conditions, and Restrictions (CC&R) document as with a condominium. Image File history File links Scale_of_justice. ... This article or section does not adequately cite its references or sources. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A gift, in the law of property, has a very specific meaning. ... In common law, adverse possession is the name given to the process by which title to anothers real property is acquired without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owners rights for a specified period of time. ... A deed is a legal instrument used to grant a right. ... {{PropertyLaw}} In the [[common law]] of [[property]], personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are deemed to be lost, mislaid, or abandoned, depending on the circumstances under which they were found by the next party to come... Alienation, in property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. ... Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ... A license or licence is a document or agreement giving permission to do something. ... Estate is a term used in the common law. ... Allodial title is a concept in some systems of property law. ... Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... A life estate, at common law is an estate in real property that ends at death. ... This article includes a list of works cited or a list of external links, but its sources remain unclear because it lacks in-text citations. ... In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ... A concurrent estate or co-tenancy is a concept in property law, particularly derived from the common law of real property, which describes the various ways in which property can be owned by more than one person at a given time. ... A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord. ... This article refers to a form of housing. ... Conveyancing is the act of transferring the legal title in a property from one person to another. ... A bona fide purchaser (BFP)—or bona fide purchaser for value without notice (BFPFVWN)—in the law of real property, is an innocent party who purchases property for value, without notice of any other partys claim to the title of that property. ... Torrens title is a system of land title where a register of land holdings maintained by the state guarantees indefeasible title to those included in the register. ... Estoppel by deed is a doctrine in the law of real property that arises where a party conveys title to land that he does not own to a bona fide purchaser, and then acquires title to that land. ... A quitclaim deed is a term used in property law to describe a document by which a person disclaims any interest the grantor might have in a piece of real property, and passes that claim to another person (the grantee). ... This article is about the legal mechanism used to secure property in favor of a creditor. ... Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time he/she signs a contract binding him/her to purchase the land at a later date. ... This page is a candidate to be copied to Wiktionary. ... In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ... A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. ... The rule against perpetuities is a rule in property law which prohibits a contingent grant or will from vesting outside a certain period of time. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In the common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to real estate by descent over taking title by devise or by purchase. ... A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. ... An easement is the right to do something or the right to prevent something over the real property of another. ... A profit, in the law of real estate, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. ... An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land, requiring the landowner to maintain certain practices with respect to the land (e. ... In the law of real property, fixtures are anything that would otherwise be a chattel that have, by reason of incorporation or affixation, become permanently attached to the real property. ... Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ... A partition is a term used in the law of real property to describe the court-ordered division of a concurrent estate into separate portions representing the proportionate interests of the tenants. ... Riparian water rights is a system of allocating water among the property owners who abut its source. ... Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. ... An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ... Nemo dat quod non habet, literally meaning no one [can] give what they dont have is a legal rule, sometimes called the nemo dat rule that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This does not adequately cite its references or sources. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... A real covenant is a term used in real property law to describe a promise concerning the use of land. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Real property is a legal term encompassing real estate and ownership interests in real estate (immovable property). ... A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. ... Look up Agreement in Wiktionary, the free dictionary An agreement may be an agreement in beliefs, rules, practices (policies), or conduct. ... A restrictive covenant is a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. ... This article refers to a form of housing. ...


Each covenant has two sides: the burden and the benefit. The burden is the promissor's duty to perform the promise and the benefit is the promisee's right to enforce the promise.


These covenants "run with the land" which means that subsequent owners or successors may either be able to enforce the covenant or be burdened by it. A successor can refer to Someone who, or something which succeeds or comes after (see success and succession). ...

Contents

Requirements for Burden to Run at Common Law

In order for the burden of covenant to run with the land, six requirements must be met.

  • First, the covenant must be in writing to satisfy the Statute of Frauds.
  • Second, the original parties to the agreement must have intended that successors be bound by the terms of the agreement.
    • This intent is usually found in the language of the original agreement.
  • Third, the subsequent owners must have had actual notice, inquiry notice, or constructive (record) notice of the covenant at the time of purchase.
  • Fourth, the covenant must touch or concern the land. This means the covenant must relate to the direct use or enjoyment of the land.
  • Fifth, there must be horizontal privity between the original parties.
    • Horizontal privity requires that at the time the original parties entered into the agreement, they shared some interest in land independent of the covenant (e.g. landlord and tenant, mortgagee and mortgager. Individual state statutes can alter the requirements of horizontal privity.
  • Finally, there must be strict vertical privity.
    • Vertical privity characterizes the relationship between the original party to the covenant and the subsequent owner. In order to be bound by the covenant, the successor must hold the entire estate in land held by the original party (strict vertical privity). Note that because strict vertical privity is required for a burden to run a lessee could not have a burden enforced against them. However, a benifited party could sue the owner of the remainder of the estate, and the owner could possibly sue the lessee for waste (law).

The statute of frauds refers to a requirement in many common law jurisdictions that certain kinds of contracts, typically contractual obligations, be done in writing. ... Small TextActual notice is a law term, used most frequently in civil procedure. ... A landlord, is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called the tenant. ... A tenant (from the Latin tenere, to hold), in legal contexts, holds real property by some form of title from a landlord. ... The doctrine of Privity in English law provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. ... The doctrine of Privity in English law provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. ... An estate is the right, interest, or nature of interest, a person has in real property. ... Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ...

Requirements for Benefit to Run at Common Law

In order for the benefit of the covenant to run with the land, four requirements must be met. First, the covenant must be in writing to satisfy the Statute of Frauds. Second, the original, covenanting parties must have intended that the successors be able to enforce the covenant. Third, the covenant must touch or concern the land. Lastly, there must be at least loose vertical privity between the successor and the original party. To show loose vertical privity, the promisee need only show that he succeeded to some possessory interest in the land of the original covenantee - not the same interest. For example, a lessee would satisfy loose vertical privity and could therefore enforce a benefit at law. The statute of frauds refers to a requirement in many common law jurisdictions that certain kinds of contracts, typically contractual obligations, be done in writing. ... The doctrine of Privity in English law provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. ...



When the relief sought is at Equity (as opposed to common law, which is discussed above), the following elements must be met:


Requirements for the Burden to Run (at Equity) Intent, Touch and Concern


Requirements for the Benefit to Run (at Equity) Intent, Touch and Concern, Notice


Court Interpretation of Real Covenants

Courts interpret covenants relatively strictly and give the words of the agreement their ordinary meaning. Generally if there is any unclear or ambiguous language regarding the existence of a covenant courts will favor free alienation of the property. Courts will not read any restrictions on the land by implication (as is done with easements for example).


A covenant can be terminated if the original purpose of the covenant is lost. A negative covenant is one in which property owners are unable to perform a specific activity, such as block a scenic view.


An affirmative covenant is one in which property owners must actively perform a specific activity, such as keeping the lawn tidy or paying homeowner's association dues for the upkeep of the surrounding area.


An agreement not to open a competing business on adjacent property is generally enforceable as a covenant running with the land.


See also

Equitable servitude An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land, requiring the landowner to maintain certain practices with respect to the land (e. ...


Easements An easement is the right of use over the real property of another. ...


  Results from FactBites:
 
Legal Definition of Running With The Land (328 words)
Covenants running with the land pass with the tenure, though not made with assigns.
To make a covenant run with the land, it is not requisite that the covenantor should be possessed of any estate; be may be an entire stranger to the land, but the covenantee must have some transferable interest in it, to which the covenant can attach itself, for otherwise the covenant is merely personal.
A covenant running with the land passes to the heir at law, on the death of the ancestor, whether the heir be named in such covenant or not.
Adverse possession - Wikipedia, the free encyclopedia (1135 words)
Once the statute of limitations has expired for evicting the trespassers, and assuming the legal owner has done nothing to halt the process, the successful adverse possessors acquire equitable title to the land, to the extent it was actually possessed (e.g., just the part they occupied, not necessarily everything on the legal owner's deed).
However, to become the legal owners of record (helpful to have a deed for future transactions), they may bring an action in land court to "quiet title" of record in their names on some or all of the former owner's property.
In homesteading, however, the possession of the property is not hostile; the land is either considered to have no legal owner or it is owned by the government.
  More results at FactBites »

 
 

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