Restrictive Covenant Flashcards
A restrictive covenant
A restrictive covenant is a promise to refrain from doing something related to land.
Burden to Run
If the following requirements are met, any successor in interest to the
burdened estate will be bound by the covenant as if they themselves
had expressly agreed to it. For the requirements for the burden of a
covenant to run, remember W I T H N:
* Writing
* Intent
* Touch and concern
* Horizontal and Vertical Privity
* Notice
Benefit to Run
What you’re asking here is, does the successor (B-1) have standing
to enforce the covenant? If the following requirements are met, the
promisee B’s successor in interest (B-1) may enforce the covenant.
For the benefit of a covenant to run, remember W I T V:
* Writing
* Intent
* Touch and concern
* Vertical privity