Covenant Did Not Run With The Land
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FAQ
An example of an affirmative covenant that would run with the land is one that requires all homes on the land to be at least a specified square footage. An example of a restrictive covenant that would run with the land might be that no livestock is permitted on the property.
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).
An example of an affirmative covenant that would run with the land is one that requires all homes on the land to be at least a specified square footage. An example of a restrictive covenant that would run with the land might be that no livestock is permitted on the property.
Positive covenants, by contrast, differ from the restrictive covenants in two respects. Firstly, they do not run with the land which means unless there is a chain of indemnity or a renewed covenant between the parties, the burden of the positive covenant (such as repairing a fence) does not pass on to the new owner.