Legal Definition and Related Resources of Covenant Running With The Land

A covenant of such character that its performance or non performance will so affect the use, value or enjoyment of the land itself that it must be regarded as an integral part of the property . The grantor and grantee must have intended that the covenant run with the land, it must affect or concern the land with which it runs and there must be privity of estate between party claiming the benefit and the party who rests under the burden. Greenspan v Rehberg, 224 N. W.2d 67, 56 Mich. App. 310. Also, see easements.

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Covenant Running With The Land in Historical Law

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English Legal System: Covenant Running With The Land

In the context of the English law, A Dictionary of Law provides the following legal concept of Covenant Running With The Land : 1. A *restrictive covenant affecting freehold land and binding or benefiting third parties who acquire the land. A restrictive covenant runs with the land of the covenantee if it is intended to benefit, and is capable of benefiting, land owned by the covenantor (the *dominant tenement). A covenant created before 1926 will bind a purchaser for value of the legal estate in the *servient tenement if he has notice of it; a covenant created after 1925 will not bind a purchaser of the legal estate for money or money’s worth unless it is registered (See registration of encumbrances). A positive covenant (i.e. an obligation to perform an act) does not run with the land.

2. In a lease, a covenant, either restrictive or positive, that “touches and concerns” the land, i.e. one that affects the nature, value, or enjoyment of the land, and will bind successors in title of the landlord and the tenant provided there is *privity of estate between them.