Real Covenant

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Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, or abandoned
Treasure trove
Alienation  · Bailment  · License
Estates in land
Allodial title  · Fee simple  · Fee tail
Life estate  · Defeasible estate
Future interest  · Concurrent estate
Leasehold estate  · Condominiums
Conveyancing of interests in land
Bona fide purchaser
Torrens title  · Strata title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste  · Partition
Riparian water rights
Lateral and subjacent support
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence

A real covenant is a term used in real property law to describe a promise concerning the use of land. Real covenants are classified as either affirmative, a promise to do something (e.g. build a fence) or negative, a promise to not do something (e.g. not use the land for commercial activity).

Real covenants run with the land at law which means that subsequent owners may be able to enforce them or be burdened by them.

English courts restricted the use of real covenants, for fear that they would decrease the value of land. Modern American courts, however, have recognized that real covenants can be used to enhance the land.

Five elements must be proven for a Real Covenant burden to run with the land:

1)There must be a writing;
2)There must be the intent for the burden to run to successors;
3)There must be notice to the successors;
4)The benefit and burden of the real covenant must touch and concern the land;
5)There must be privity - both horizontal and strict vertical privity.

Four elements are required for a Real Covenant Benefit to run:

1)There must be a writing;
2)There must be the intent for the benefit to run to successors;
3)There must be relaxed vertical privity (horizontal not required);
4)The benefit must touch and concern the land;