Also known as: run with the land · running with the land · runs with the land
Written by attorneys · grounded in primary & secondary sources — see below
A legal right or obligation respecting land use that passes automatically to successive owners or occupiers of the benefited or burdened estate. The benefit or burden attaches to the land itself rather than remaining personal to the original parties. Intention of the parties at creation determines whether the right or obligation travels with title transfers.
Roberto Reyes conveyed an apartment complex to Renee Rogers by general warranty deed containing the usual title covenants. Years later a tenant proved that part of the land had never been in Reyes's chain of title. Rogers sued Reyes for breach of the covenant of seisin. The covenant ran with the land, allowing Rogers to recover damages directly from Reyes even though the tenant held no privity with the original grantor.
Roland Rhodes promised neighboring owner Regina Robinson that he would keep a shared courtyard open for her warehouse exhibitions. The promise referenced the warehouse property and its arts use. Robinson sold the warehouse to Robert Rivera with a deed reciting the promise as intended to benefit ongoing arts activities. Rivera enforced the promise against Rhodes because the parties had manifested intent that the benefit should run with the land.
Select any source to read its text and confirm it supports the definition.
Radiant Technologies purchased a condominium unit subject to a recorded declaration requiring proportional contributions to a shared law library. The declaration referred to obligations of unit owners and successors. When Radiant refused to pay, the library owner sued. The contribution obligation ran with the land as a servitude, binding Radiant as a subsequent owner because the burden passed automatically with title.
Rebecca Ross granted a non-exclusive license to occupy space in her warehouse to a display vendor. Ross had previously received a promise from a neighbor to keep a courtyard open for arts use. The vendor attempted to enforce the courtyard promise. The benefit could not run to the vendor because a mere license does not constitute succession to an ownership interest in the benefited land.
Rising Sun Electronics owned a library unit that received maintenance contributions from other units under a recorded declaration. When one contributing unit was sold, the new owner refused payment. The library unit's owner enforced the obligation because the right to contributions was a benefit that ran with the dominant estate to successive owners.
Royal Crest Hotels acquired a unit subject to a recorded prohibition on high-volume document storage. The new owner began storing client records for other firms. Neighboring owners sued to enforce the restriction. The prohibition ran with the land as a burden on the servient estate, binding the subsequent purchaser who took with record notice.
The parties must manifest intent that the benefit or burden should run. Recording supplies constructive notice to subsequent purchasers. The covenant must also touch and concern the land and satisfy any privity requirements applicable in the jurisdiction.
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Yes. Covenants of seisin, against encumbrances, and warranty in a general warranty deed run with the land. A subsequent grantee may enforce them directly against the original grantor when a title defect is later discovered.
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No. The benefit of a promise respecting land use runs only to one who succeeds to an ownership or leasehold interest in the benefited land. A non-exclusive license creates no such interest, so the licensee cannot enforce the promise.
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Recording places subsequent purchasers on constructive notice. A buyer who takes with record notice cannot claim surprise at the obligation and remains bound if the covenant otherwise qualifies to run with the land.
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…with buildings. On a motion to discharge that order, Mr. R. Palmer for the defendant contended that the covenant did not run with the land so as to be binding at law upon a purchaser from the covenantor, and he relied on the dictum of Lord Brougham C. in Keppell v. Bayley (2 M. & K. 547) to the effect that notice of such a…