Covenant That Runs With The Land Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Covenant That Runs With The Land, written in plain English, along with examples of how it is used.

What is Covenant That Runs With The Land?

In real property an agreement to do or not to do something with the land that a person occupies.Even if the ownership of the land chages the agreement continues as it is related to the land and so the future owners have to accept it.

History and Meaning of Covenant That Runs With The Land

A covenant that runs with the land is a concept that originated in real estate law. It refers to an agreement between two parties that requires the landowner to perform certain actions or refrain from certain actions with their property. This agreement is binding not just on the current owner but also on any future owners of the land. This means that the covenant is tied to the land itself and not just to the person who created it.

For example, if a developer creates a subdivision and agrees that every home in the subdivision will have a certain look or certain amenities, that agreement is a covenant that runs with the land. Future buyers of the homes must abide by these requirements, even though they had nothing to do with creating the covenant.

Examples of Covenant That Runs With The Land

Here are a few examples of how the concept of a covenant that runs with the land might be applied in different situations:

  1. A homeowner's association may create a covenant that all properties in the subdivision must be maintained to a certain standard. This means that homeowners in the future will be required to meet these standards as well.
  2. A commercial developer may agree as part of a zoning agreement that their property will never be used for certain types of businesses. This covenant will be binding on any future owners of the land.
  3. In some cases, a landlord may agree to a certain type of tenant use with their rental property. This agreement can be a covenant that runs with the land and will be binding on any future owners of the property.

Legal Terms Similar to Covenant That Runs With The Land

Here are a few related legal terms that you may come across in real estate law:

  1. Easement: an agreement that allows someone else to use a portion of your property.
  2. Restrictive covenant: a covenant that limits or restricts certain actions on a property.
  3. Right of way: an easement that allows someone else to cross your property.