A real covenant refers to a contract between two or more landowners that limits their use of property. This type of covenant “runs with the land,” which means that people who take interest in the land in the future are also subject to the contract.
One owner will be burdened by the covenant and the other will receive some type of benefit. To make this concept easier to understand, consider the following examples of real covenants:
In order for a real covenant to be enforceable, the following elements must be met:
These requirements may vary from state to state. Check your local laws or consult with a real estate attorney to determine what is required for a real covenant to run with the land in your state.
As noted above, if the elements are not present the covenant will not be enforceable. However, there are also some ways that a real covenant can be terminated:
It is important to determine whether any land you are purchasing has a real covenant attached to it because this will affect your rights as a property owner. A local 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. In addition, an attorney can help you enter into a real covenant with another property owner if you wish to do so.
Last Modified: 06-15-2018 02:42 PM PDTLaw Library Disclaimer
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