Also known as: run with the land · running with the land · covenant running with the land
Written by attorneys · grounded in primary & secondary sources — see below
A covenant, easement, or other interest in land that binds or benefits successors in title to the property rather than remaining personal to the original parties. The interest travels automatically with ownership of the benefited or burdened parcel when the parties intended that result and the interest touches and concerns the land.
Regal Apparel conveyed a parcel to Riverstone Manufacturing by general warranty deed containing covenants of title. Riverstone later conveyed the same parcel to Radiance Media. When a prior lien surfaced, Radiance Media sued Regal Apparel for breach. The covenant ran with the land, allowing Radiance Media to recover from the original grantor.
Rajesh Rao promised neighboring owner Regina Robinson that he would never operate a competing retail store on his parcel. The deed stated the promise was made for the benefit of Robinson's land and would bind future owners. Rao sold to Ricardo Rojas, who opened a competing store. Robinson enforced the restriction against Rojas because the parties intended the benefit to run with the land.
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Raphael Rivera owned two adjacent parcels and promised the buyer of one that the buyer could use a shared driveway on the retained parcel. Rivera later sold the retained parcel to Rebecca Ross. The buyer of the first parcel enforced the driveway right against Ross because the buyer succeeded to the interest in the benefited land.
A developer sold lots in a subdivision subject to a recorded restriction limiting each lot to residential use. Sanborn bought a lot and built a residence. McLean later purchased an adjoining lot and began constructing a commercial building. The restriction ran with the land, preventing McLean from violating the residential-use covenant.
Eyerman's will directed that her residence be razed after her death. The neighboring owners held recorded covenants requiring preservation of the existing structure. The estate argued the covenants were personal to Eyerman. The covenants ran with the land and bound the estate, preventing demolition.
Tulk conveyed Leicester Square subject to a covenant to maintain it as a garden. Moxhay purchased the square with notice of the covenant but planned to build on it. Tulk sought an injunction. Equity enforced the covenant against Moxhay because it ran with the land and he took with notice.
The parties must intend the covenant to run, the covenant must touch and concern the land, and there must be privity of estate between the original parties. Recording provides notice to subsequent purchasers.
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Courts often presume that appurtenant covenants are intended to run with the land when the deed does not expressly state otherwise. Language such as successors and assigns strengthens the presumption.
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Yes. When the burden runs with the land, a purchaser takes subject to the covenant even without signing a new agreement, provided the purchaser had notice and the covenant was properly created.
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The remote grantee must succeed to some interest in the benefited land that the original promise concerned. The original parties must have intended the benefit to run with that 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…