Running With The Land Definition and Legal Meaning

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

What is Running With The Land?

(Adj) Running with the land is used to represent a right, component, features etc. associated with a property which goes along with the title of the property. For example reparian rights is a right running with the land

History and Meaning of Running With The Land

The legal term "Running with the land" refers to the concept in property law that certain rights and obligations are attached to the land and are transferred along with the ownership of the land. These rights and obligations are said to "run with the land" and cannot be separated from the property. This means that if the property is sold or transferred to a new owner, the rights and obligations remain attached to the land and are transferred to the new owner as well.

The term has its roots in medieval land law, where certain rights, such as rights to access water or to graze livestock, were attached to particular parcels of land. Over time, the concept evolved to include a range of rights and obligations, such as covenants between neighbors, easements for utility companies, and mineral rights.

Examples of Running With The Land

  1. Imagine a property that has an easement for a neighboring property to access a shared road. This easement is said to run with the land, meaning that if the property is sold, the new owner is still required to allow the neighboring property to use the shared road.

  2. Similarly, if a property has a restrictive covenant that limits the type of construction that can take place on the property, this covenant is said to run with the land. This means that the new owner is still bound by the same restrictions regardless of who owns the property.

  3. In some cases, a leasehold interest in a property can also be said to run with the land. For example, a commercial lease may be transferred to a new owner when the property is sold, allowing the new owner to collect rent from the tenant.

Legal Terms Similar to Running With The Land

  1. Easement - A legal right to use a part of someone else's property for a specific purpose, such as accessing a shared road or installing utility lines.

  2. Covenant - A legal agreement between parties to do or not do something regarding property. For example, a restrictive covenant may prohibit certain types of construction or limit the use of the property.

  3. Leasehold - A type of property ownership in which a tenant holds the right to use and occupy the property for a fixed period of time, usually under a lease agreement.