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Real Property • Real Covenants
PROP#133
Legal Definition
The covenant must benefit or burden the use of the parcel.
Plain English Explanation
A covenant touches and concerns the land when its effect is to make the land more useful or valuable to the benefitted party. In other words, a covenant that forces whoever owns a parcel of land to buy their neighbors tacos every day for lunch, though being absolutely beneficial to the neighbors, doesn't really have anything to do with the land, or making the land more useful, etc. However, a covenant that forces whoever owns a parcel of land to maintain a salsa garden on the land for the neighbors to always have a fresh supply of salsa for their tacos would.
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Related Concepts
How is an equitable servitude created?
How is an equitable servitude terminated?
How may a covenant be terminated?
In assessing an equitable servitude, when will a benefit run with the land?
In assessing an equitable servitude, when will a burden run with the land?
In assessing real covenants, how will courts treat racially restrictive covenants?
In assessing whether a real covenant will run with the land, what constitutes intent?
In assessing whether a real covenant will run with the land, what constitutes notice?
In assessing whether a real covenant will run with the land, what is horizontal privity?
In assessing whether a real covenant will run with the land, what is vertical privity?
What are the 5 equitable defenses against enforcement of an equitable servitude?
What is an equitable servitude?
What is a real covenant?
What is required for a benefit to run with the land?
What is required for a burden to run with the land?
What is the remedy for breach of an equitable servitude?
When may an equitable servitude be implied?
Which covenants always run with the land?
