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.
A real covenant that runs with the land (is enforceable on subsequent owners of the property) must meet six requirements:
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.
There are several ways a real covenant can be terminated:
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.
Real covenants affect your rights as a property owner. A real estate lawyer can help you determine the extent of your rights to your property and can help you defend any attack for breaching a real covenant.
Last Modified: 06-10-2014 03:46 PM PDTLaw Library Disclaimer
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