Running With the Land
Contents
Unraveling the Concept of Running With the Land
Understanding Running With the Land
"Running with the land" is a legal term deeply entrenched in real estate law, denoting rights and covenants associated with a property deed that persist irrespective of changes in ownership. These rights are inherently tied to the land itself, transcending individual ownership and seamlessly transferring from one deed to another as the property changes hands.
Key Takeaways
- Running with the land encapsulates rights and covenants in a real estate deed that endure regardless of ownership alterations.
- Affirmative covenants entail obligations for property owners, while restrictive covenants delineate prohibitions.
- Rights granted under easements typically do not transfer, except in cases of appurtenant easements.
Exploring Affirmative and Restrictive Covenants
Affirmative covenants mandate specific actions by property owners, such as maintaining minimum square footage for homes on the land. Conversely, restrictive covenants dictate prohibitions, like barring the presence of livestock on the property. These covenants serve to foster orderly land development and regulate property usage.
Easements and Privity
The enforcement of covenants that run with the land is often governed by the principle of privity, particularly in cases involving easements. Horizontal privity arises when adjacent lands under different ownership establish covenants, binding future owners of the affected parcels. Vertical privity, on the other hand, pertains to covenants passed down through inheritance or direct transfer of ownership.