Define: Real Covenant

A real covenant is a legal agreement or promise that is attached to a specific piece of real property and binds the current and future owners of that property to certain obligations or restrictions.

Real covenants can include a wide range of obligations or restrictions, such as maintaining the property in a certain condition, using the property for specific purposes, or refraining from certain activities on the property.

Real covenants are typically created through a written agreement between the parties involved, such as in a deed or a separate covenant document. These agreements are then recorded in the public records to provide notice to future owners.

Yes, real covenants are generally enforceable against subsequent owners of the property. This means that even if the original parties to the covenant sell the property, the new owner will still be bound by the obligations or restrictions.

If a real covenant is violated, the party who benefits from the covenant can take legal action against the violating party. This may involve seeking an injunction to stop the violation, or pursuing damages for any harm caused by the violation.

Real covenants can sometimes be modified or terminated, but this usually requires the agreement of all parties involved. In some cases, a court may also allow modification or termination if there is a valid reason, such as a change in circumstances that makes the covenant impractical or unfair.

The duration of a real covenant can vary depending on the specific terms of the agreement. Some real covenants may be perpetual and continue to bind subsequent owners indefinitely, while others may have a specified time period or may terminate upon the occurrence of a certain event.

Yes, real covenants are generally considered to “run with the land,” which means they automatically transfer to new owners when the property is sold. This ensures that the obligations or restrictions continue to apply to the property regardless of who owns it.

In some cases, real covenants can be enforced by parties who were not originally involved in the agreement. This may occur if the covenant specifically grants enforcement rights to a certain group or if a court determines that a third party has a legitimate interest in enforcing the covenant.

Yes, there are certain limitations on the enforceability of real covenants. For example, a court may refuse to enforce a covenant if it is found to be unreasonable, against public policy, or if it violates any applicable laws or regulations. Additionally, some jurisdictions may have specific statutes or rules that govern the creation and enforcement of real covenants.