Real Covenant Lawyers

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What is a Real Covenant?

A real covenant in property law is an agreement or contract between two or more parties that limits their use of property. A real covenant benefits and burdens the original parties to the agreement as well as their predecessors. A positive covenant is a covenant where either party agrees to do something, and a restrictive covenant is a covenant where either party agrees not to do something. 

How is a Covenant that Runs with the Land Created?

A real covenant that runs with the land (is enforceable on subsequent owners of the property) must meet six requirements: 

A Few Examples of Real Covenants

The following examples of covenants are real covenants because they meet the six requirements outlined above: 

All real covenants based on race have been declared unconstitutional.

How to Terminate Real Covenants?

There are several ways a real covenant can be terminated: 

What Happens if Someone Breaches a Real Covenant?

The measure of damages for breach of a real covenant is generally the difference between the fair market value of the benefited property before the defendants breach and after the defendant's breach. 

Do I Need a Lawyer to Help Me with My Real Covenant problem?

Real covenants affect your rights as a property owner.  A real estate attorney can help you determine the extent of your rights to your property and can help you defend any attack for breaching a real covenant.

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Last Modified: 08-01-2013 10:40 AM PDT

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