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Legal Terms - covenant running with the land
1. A *restrictive covenant that binds or benefits third parties who purchase freehold land. If a restrictive covenant is designed to benefit and has the potential to benefit land owned by the covenantor (the *dominant tenement), it runs with the land of the covenantee (Tulk v. Moxhay (1842) 2 Ph 774). If a buyer gets notice of a covenant made prior to 1926, he is obligated to pay the legal estate's value in the *servient tenement; if a covenant made after 1925, the buyer is not obligated to pay money or the legal estate's worth unless it is registered. According to Rhone v. Stephens [1994] 2 AC 310, a positive covenant—that is, an obligation to carry out an act—does not run with the land. 2. A covenant in a lease that might be positive or restrictive and that "touches and concerns" the land, meaning it impacts the land's worth, nature, or pleasure, will bind the tenant's and landlord's successors in title as long as there is *privity of estate between them.
1. A *restrictive covenant that binds or benefits third parties who purchase freehold land. If a restrictive covenant is designed to benefit and has the potential to benefit land owned by the covenantor (the *dominant tenement), it runs with the land of the covenantee (Tulk v. Moxhay (1842) 2 Ph 774). If a buyer gets notice of a covenant made prior to 1926, he is obligated to pay the legal estate's value in the *servient tenement; if a covenant made after 1925, the buyer is not obligated to pay money or the legal estate's worth unless it is registered. According to Rhone v. Stephens [1994] 2 AC 310, a positive covenant—that is, an obligation to carry out an act—does not run with the land. 2. A covenant in a lease that might be positive or restrictive and that "touches and concerns" the land, meaning it impacts the land's worth, nature, or pleasure, will bind the tenant's and landlord's successors in title as long as there is *privity of estate between them.
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