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Understanding Real Covenants in Property Law

Real Covenants are promises enforceable between original parties and successors due to land ownership. Future owners are bound by agreements without consent. Learn the distinction from other legal concepts.

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Understanding Real Covenants in Property Law

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  1. Real Covenants

  2. Definition Promise which is enforceable not only between the original parties, but also between successors of either party because they are now the new owners of the land. The future owners are bound even though they did not agree.
  3. Distinguish from: Assignment of contract rights Affirmative easements Negative easements Conditions
  4. Elements of Real Covenant 1. Enforceable promises under contract law
  5. Elements of Real Covenant 2. Intent for Promise to Run with the Land Common law – “assigns” Modern law – special terminology not needed
  6. Elements of Real Covenant 3. “Touch and Concern” land requirement Connection between promise and land Burden touches land (impacts land, not landowner personally) Benefit touches land (makes land more valuable, not landowner personally)
  7. Elements of Real Covenant 3. “Touch and Concern” land requirement How satisfy? Both benefit and burden (common law) Just burden Just benefit
  8. Elements of Real Covenant 4. Privity of estate Mutual Privity Original parties had mutual interest in same land Example = landlord-tenant Modern law does not require mutual privity
  9. Elements of Real Covenant 4. Privity of estate Horizontal Privity Land-based relationship between original parties Examples = landlord-tenant, buyer-seller, grantor-grantee Modern law = Often does not require horizontal privity thus allowing neighbors to enter into real covenants.
  10. Elements of Real Covenant 4. Privity of estate Vertical Privity New owner of burdened or benefited property must obtain property from prior person who was burdened or benefited.
  11. Gallagher v. Bell
  12. Neponsit v. Emigrant 1936 Photo of Neponsit
  13. Neponsit v. Emigrant 1924 Colorized Photo of Neponsit
  14. Neponsit v. Emigrant Neponsit Today
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