Covenants that Run with Land Flashcards
Requirements for Covenants to Run with Land
- Writing
- Intent
- Privity
- Touch & Concern
- Notice
Horizontal Privity
the relationship that exists between the original covenantor and covenantee
Traditionally, HP was required for both burden and benefit to run
Modren rule, HP not required for the benefit to run
Vertical Privity
The relationship that exists between an original party to a running covenant and the successor in interest to the original party
Writing Requirement
For a covenant to run with the land, it must be in writing
Writing must satisfy statute of frauds
Intent Requirement
writing must include language that shows the parties’ intent for the covenant to run
When is vertical privity satisfied
plaintiff must show:
that the successor “stepped into the shoes of” the original party by taking the entire interest held by the original party
When is horizontal privity satisfied?
- Conveyance of land between the covenantee and covenantor,
- which occurs by the same deed that includes the covenant
Privity Requirement for the BURDEN to run
For the burden to run, privity of estate will only exist when the holder of the servient estate transfers
all of his interest in the servient estate to the new owner
Privity requirement for the BENEFIT to run
privity of estate can exist when the holder of the dominant estate is transferring all or part of his interest
When is “touch and concern” satisfied?
covenant must exercise direct in uence on the occupation, use, or enjoyment of the premises
When does benefit touch?
if it increases the value of the bene ted property
When does burden touch?
if it decreases the value of the burdened property
When is notice satisfied?
Recording
