Run with the Land | Practical Law

Run with the Land | Practical Law

Run with the Land

Run with the Land

Practical Law Glossary Item 9-553-6445 (Approx. 3 pages)

Glossary

Run with the Land

A right or restriction that affects all current and future owners of real property and transfers with title to the property. Covenants (both affirmative and negative), restrictions and easements can all run with the land and bind all future owners of the subject real property. For a covenant or other agreement to run with the land, these requirements must usually be met:
Horizontal privity is required for a covenant to run with the burdened property, but it is not required for a covenant to run with the benefitted property. Horizontal privity only arises in connection with a conveyance of a real property interest, such as in a deed, mortgage, or lease. The parties must have a shared interest in the land at the time the covenant is made and must intend to bind each of their successors and assigns.
Vertical privity is required for a covenant to run with both the benefitted and burdened property. It arises when the present owners of the burdened and benefited property have a certain relationship to their respective predecessors-in-interest and when a present owner acquires the entire estate of its predecessor-in-interest. For example, vertical privity would not arise in connection with the conveyance of an easement interest.