Covenant Running With The Land

Definition

A Covenant Running With The Land is a type of deed restriction that requires any subsequent owner of the land to comply with the covenant’s terms. This covenant remains attached to the land itself, irrespective of ownership changes, ensuring that the stipulated use, levels of maintenance, or types of acceptable activities dictated by the covenant are upheld by all future owners.

Examples

1. Single-Family Dwelling Restriction:

   • A developer designates a subdivision strictly for single-family homes. Each homeowner must agree that their property will only be used for this purpose, and any future buyers must also honor this restriction.

2. Historical Preservation Covenant:

   • A historic landmark property comes with a covenant requiring preservation of its original architecture. This covenant restricts renovations that may alter the historical character, binding all future owners to maintain its historic features.

3. Environmental Conservation Covenant:

   • A land parcel includes a natural habitat that must be preserved. The covenant requires all future owners to maintain the area’s ecological integrity, prohibiting any activities that might damage the habitat.

Frequently Asked Questions

What is the purpose of a covenant running with the land?

The primary purpose is to maintain specific conditions or uses for the property, ensuring that certain standards or restrictions are consistently upheld across different owners to protect the value, character, or ecological integrity of the property or surrounding area.

Can a covenant running with the land be removed or altered?

Yes, but it typically requires mutual agreement from current property owners and potentially court approval. The ease or difficulty of this process can depend on how the original covenant was established and specified within the deed.

How can I find out if a property has a covenant running with the land?

Such covenants are recorded with local land records and are typically part of the deed. A title search or review of public land records can reveal any covenants associated with a property.

Do covenant running with the land apply to commercial properties?

Yes, covenants can also be applied to commercial properties, restricting or mandating certain business practices, types of businesses, or operational conditions to maintain specific community standards or business environments.

What happens if a new owner violates the covenant running with the land?

Violation of such covenants can lead to legal disputes. Restrictions are enforceable by property owners or associations benefiting from the covenant, and violators may be subject to fines, injunctions, or mandated corrections.

Related Terms

• Easement: A legal right to use another’s land for a specific limited purpose, typically extending access or utility infrastructure.

• Deed Restriction: Legal constraints automatically included in the property deed which can dictate how the land or buildings can be used.

• Encumbrance: Any claim, lien, charge, or liability attached to and binding real property, like mortgages and easements.

• Restrictive Covenant: Similar to a covenant running with the land, these are stipulations within deeds restricting how property can be used, helping preserve neighborhood amenities and character.

Online Resources

1. Nolo – Guide to Land Covenants and Restrictions: Nolo on Property Covenants

2. American Bar Association – Articles on Real Estate Law: ABA Real Estate

3. FindLaw – Information on Property Easements and Covenants: FindLaw Real Estate Covenants

References

1. “The Law of Easements & Licenses in Land” by Jon W. Bruce & James W. Ely Jr.
2. “Real Estate Law” by Marianne Jennings
3. “The Law of Real Property” by Richard R. Powell

Suggested Books for Further Studies

1. “The Law of Real Property” by Richard R. Powell: An in-depth analysis of real property law principles, including covenants and easements.

2. “Easements, Relocation and Termination” by Timothy R. Gary: Detailed coverage of easement laws which are often analogous to covenants.

3. “Real Estate Transactions: Problems, Cases, and Materials” by Robin Paul Malloy and James Charles Smith: Explore transactional aspects and legal implications of various real estate scenarios.

Real Estate Basics: Covenant Running With The Land Fundamentals Quiz

### Does a covenant running with the land remain in effect after a property sale? - [x] Yes, it remains in effect for future owners. - [ ] No, it terminates upon the sale. - [ ] Only if the previous owner includes it in the sale agreement. - [ ] It depends on state laws exclusively. > **Explanation:** Covenants running with the land remain binding on future owners regardless of property sales, ensuring continued adherence to set restrictions or obligations. ### What documentation usually includes a covenant running with the land? - [x] Deed - [ ] Lease - [ ] Purchase agreement - [ ] Mortgage statement > **Explanation:** The covenant running with the land is typically included in the property deed, documented and recorded to ensure enforceability. ### What happens if a new property owner violates a covenant running with the land? - [ ] They may face utility disconnection. - [ ] Their property taxes might increase. - [ ] The original owner regains property rights. - [x] They may face legal action. > **Explanation:** Violation of such covenants can lead to legal action, often initiated by neighboring property owners, homeowners' associations, or other parties benefiting from the covenant's enforcement. ### Can a covenant running with the land be established on commercial properties? - [x] Yes - [ ] No - [ ] Only for residential properties - [ ] Only for agricultural uses > **Explanation:** Covenants running with the land can also apply to commercial properties, dictating permissible uses and maintaining consistency in a commercial area. ### How can a potential buyer determine if a covenant running with the land exists? - [ ] Requesting utility bills - [x] Performing a title search - [ ] Consulting a zoning office - [ ] Discussing with neighbors > **Explanation:** A title search or review of public land records can reveal existing covenants, as these are documented with property deeds or local land records. ### Do all types of real estate property have covenants running with the land? - [ ] Yes, all properties have them. - [x] No, it depends on the property and historical agreements. - [ ] Only residential properties have them. - [ ] Primarily urban properties have them. > **Explanation:** Not all properties have covenants running with the land; their existence depends on specific historical agreements or the intent to establish certain restrictions or obligations. ### Are covenants running with the land beneficial for preserving neighborhood character? - [x] Yes - [ ] No - [ ] Only in high-value neighborhoods - [ ] It mainly depends on building age > **Explanation:** Such covenants are designed to maintain neighborhood character by ensuring consistent use and adherence to specified standards for all properties. ### What is primarily protected by an environmental conservation covenant running with the land? - [ ] Tax benefits - [ ] Economic development - [x] Ecological integrity - [ ] Leasehold interests > **Explanation:** Environmental conservation covenants specifically safeguard the ecological integrity of land areas, ensuring that natural habitats and ecosystems remain undisturbed by future activities. ### Can a homeowner's association enforce a covenant running with the land? - [x] Yes - [ ] No - [ ] Only local municipalities - [ ] Only state government authorities > **Explanation:** Homeowner's associations often enforce such covenants to maintain community standards, ensuring all property owners abide by the established restrictions or obligations. ### On what legal basis are violations of covenants running with the land adjudicated? - [ ] Local zoning laws - [ ] Insurance policies - [ ] Utility company regulations - [x] Property deed agreements > **Explanation:** Violations are adjudicated based on the terms specified within property deed agreements that establish and enforce these covenants amongst property owners.

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