Real Covenant

A real covenant is a term used in real property law to describe a promise concerning the use of land. Real covenants are classified as either affirmative, a promise to do something (e.g. build a fence) or negative, a promise to not do something (e.g. not use the land for commercial activity).

Real covenants run with the land at law which means that subsequent owners may be able to enforce them or be burdened by them.

English courts restricted the use of real covenants, for fear that they would decrease the value of land. Modern American courts, however, have recognized that real covenants can be used to enhance the land.

Five elements must be proven for a Real Covenant burden to run with the land:

1)There must be a writing;
2)There must be the intent for the burden to run to successors;
3)There must be notice to the successors;
4)The benefit and burden of the real covenant must touch and concern the land;
5)There must be privity - both horizontal and strict vertical privity.

Four elements are required for a Real Covenant Benefit to run:

1)There must be a writing;
2)There must be the intent for the benefit to run to successors;
3)There must be relaxed vertical privity (horizontal not required);
4)The benefit must touch and concern the land;