Covenants Running with the Land
To enforce a covenant against a successor at law:
- The covenanting parties' must have had intent to bind successors.
- The restriction must "touch and concern" the land.
- The original covenanting parties must have stood in "privity of estate."
- Only required at law (i.e., in an action for monetary damages)
- The successor must have taken the land with notice of the restriction.
To enforce a covenant against a successor as an equitable servitude (i.e., in an action for specific performance or an injunction):