Real Covenants — Elements

A real covenant is a promise concerning land use that runs with the land at law. For the burden to run, there must be: (1) a writing; (2) intent that it run; (3) privity of estate; (4) the covenant must touch and concern the land; and (5) notice (actual, constructive, or inquiry). The benefit requires fewer elements (no horizontal privity).

Related Easements, Covenants & Servitudes rules

• Easements — Definition and TypesAn easement is a nonpossessory right to use another's land. An easement appurtenant benefits a dominant estate and…
• Creation of EasementsEasements may be created by: (1) express grant or reservation in a writing satisfying the Statute of Frauds; (2)…
• Easement by ImplicationAn easement by implication arises when land under common ownership is divided, a prior use of the quasi-dominant…
• Easement by NecessityAn easement by necessity arises when a conveyance leaves a parcel landlocked without access to a public road. Strict…
• Easement by PrescriptionAn easement by prescription is acquired by open, notorious, adverse, and continuous use of another's land for the…
• Termination of EasementsAn easement may be terminated by: (1) expiration; (2) merger of dominant and servient estates; (3) release by the…
• Equitable ServitudesAn equitable servitude is a covenant enforceable in equity against subsequent landowners who take with notice.…
• Common Scheme DoctrineWhen a developer subdivides land and imposes restrictions for the benefit of all lots, an implied reciprocal servitude…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.