Property II

Covenants Running with the Land

Real Covenant

To enforce a covenant against a successor at law:

  1. The covenanting parties' must have had intent to bind successors.
  2. The restriction must "touch and concern" the land.
  3. The original covenanting parties must have stood in "privity of estate."
    • Only required at law (i.e., in an action for monetary damages)
  4. The successor must have taken the land with notice of the restriction.

Equitable Servitude

To enforce a covenant against a successor as an equitable servitude (i.e., in an action for specific performance or an injunction):

  1. The covenanting parties' must have had intent to bind successors.
  2. The restriction must "touch and concern" the land.
  3. The successor must have taken the land with notice of the restriction.