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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).
One key difference between an easement and a restrictive covenant is that an easement benefits a specific person or entity, while a restrictive covenant benefits the community or neighborhood as a whole.
Perpetual Duration: Prior to 1993, Georgia law generally provided that covenants expire after 20 years. In 1994, the law was amended to permit covenants to automatically renew.
Except as provided in Code Section 44-5-60 and excluding covenants recorded on property solely by the property's owner, which shall run with the title to the land, a covenant runs with the land when, for consideration and as reflected in a duly recorded instrument found in the applicable chain of title, a property ...
A registered restrictive covenant is recorded on the title of the burdened land but is not recorded on the title of benefiting land. If the benefited land has been subdivided and re-subdivided, you might need to search the original plan of the subdivision and earlier titles to identify the benefited owners.
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.
Employers only know generally that the duration of such covenants must be limited. The new Act sets definitive, presumptively reasonable, time limits. For example, for enforcement of restrictive covenants against former employees, the Act allows up to two (2) years following termination of their employment.