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Covenants Running With the Land

Most neighborhood covenants “run with the land.” This means that they subject the property itself, and not its current owners, to the conditions or restrictions contained in them. Thus, the liability to perform a covenant, refrain from doing something, and/or take advantage of a covenant passes with the land itself to any subsequent owners.

In order for covenants to run with the land, they must be included in a deed transferring property, and they become part and parcel of the “chain of titles.” The covenants remain binding on each successive owner of the property, whether or not the new owner has been advised of them.

In order for a benefit or burden to run with the land, requirements under the Statute of Frauds must be met. However, if any covenants are contained in the deed itself, acceptance of the deed constitutes satisfaction of the Statute of Frauds, as though the purchaser had signed the covenants himself.

Inside Covenants Running With the Land