Deed Covenant Run With The Land

State:
Michigan
Control #:
MI-BM-022
Format:
Word; 
Rich Text
Instant download

Description

The Covenant Deed is a legal instrument used to transfer property ownership while ensuring certain obligations, known as covenants, run with the land. These covenants may include restrictions and easements that remain in effect beyond the property sale. This form is particularly relevant for various stakeholders in the real estate and legal sectors, including attorneys, partners, owners, associates, paralegals, and legal assistants. Users are required to fill in key details such as the grantor's information, the property's legal description, and the consideration amount. The deed also mandates the grantor to certify their authority to convey the property, ensuring proper corporate governance is followed. This form serves as a foundational aspect of property law where obligations are tied to the land and can affect future property owners. It is crucial for parties involved in real estate transactions to understand the implications of covenants, as they can influence property use and value. Proper execution requires adherence to notarization procedures to establish authenticity and authority, emphasizing the need for clarity and accuracy during the filling and editing process.
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FAQ

A covenant that runs with the land is a type of agreement that transfers when ownership of the attached land transfers. This means that the future owner of the property subject to a covenant that runs with the land is bound by that covenant.

A covenant that runs with a land is a covenant that transfers when ownership of the attached land transfer. The future owner of the property subject to a covenant that runs with the land is bound by that covenant.

In order for a covenant to run with the land, however, two primary elements must be established: 1) the parties to the covenant intended it to run with the land, and 2) the covenant ?touches and concerns? the land (i.e. it must closely relate to the land, its use, or its enjoyment).

Running with the land refers to easements and other rights that remain with property even after being transferred. For example, if a property has an easement that runs with land to cross over the neighboring land, a person who buys the property could also cross the neighboring land.

A covenant is a formal agreement or promise, usually included in a contract or deed, to do or not do a particular act. Covenants are particularly relevant in the fields of contract law and property law. An example of a contractual covenant is a non-compete agreement.

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Deed Covenant Run With The Land