KembaraXtra - Legal Terms - Running with the Land

Running with the land describes a right or obligation that passes automatically with ownership of land. It is not merely personal to the original parties who created it. The benefit or burden becomes attached to the relevant property. Successive owners may therefore enforce or be bound by it. The concept is central to covenants and easements.

A covenant may run with the land where legal requirements are satisfied. The benefit must generally relate to identifiable land. The original parties must also have intended the covenant to bind successors. Registration or notice may be required depending on the type of land and covenant. These safeguards protect later purchasers.

Restrictive covenants are the clearest example. A promise not to use land for commercial purposes may bind future owners in equity. Positive covenants are more difficult because their burdens do not ordinarily run with freehold land at common law. Leasehold covenants, however, may pass more readily between landlords and tenants. The precise rules depend on the nature of the interest.

Easements also run with the land. A right of way benefiting one property will normally pass to later owners of that property. The burden likewise continues against successive owners of the neighbouring land. This ensures that practical rights of access remain effective. The right is proprietary rather than merely contractual.

The doctrine promotes continuity in land ownership. It allows long-term arrangements to survive changes of ownership. Purchasers must therefore investigate the title carefully before acquiring property. Failure to identify a binding covenant or easement may create serious difficulties. Running with the land remains a fundamental idea in property law.