LAW 516-001 – Property II

Privity of Estate

Privity of estate has two components—horizontal privity and vertical privity.

Horizontal Privity

Horizontal privity means people either have a mutual interest in land or successive interest in land.

Horizontal privity is needed between the original covenanting parties.

Vertical Privity

Vertical privity requires a successive interest between the original covenanting parties and the successive parties.

Both forms of privity are required to enforce the burden of a covenant against a successor to the covenantor, but neither is required to enforce the covenant to enforce the covenant against the original covenantor.

(Technically, privity of estate just means there is a mutual interest in land or a successive interest in land, regardless of whether it is horizontal or vertical, which Lucas likes.)