Texas Covenant Running with the Land
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FAQ
(a) Notwithstanding Section 1468 or any other provision of law, a covenant made by an owner of land or by the grantee of land to do or refrain from doing some act on his or her own land, which doing or refraining is expressed to be for the benefit of the covenantee, regardless of whether or not it is for the benefit of
Can a restrictive covenant be removed? For prospective land or property purchasers, it may be possible to speak to the vendor or 'successor in title' with a view to having any restriction lifted. In other words, you may be able to remove your restrictive covenant- but there are no guarantees.
However before taking legal action it is important to establish that you do have the right to enforce the covenant. Generally only the owner of land which was, or was part of, the land intended to be benefited by the covenant, can enforce it.
When the title is transferred, the easement typically remains with the property.This type of easement "runs with the land," which means that if the property is bought or sold, it is bought or sold with the easement in place. The easement essentially becomes part of the legal description.
"Running with the land" refers to the rights and covenants in a real estate deed that remain with the land regardless of ownership. When rights and covenants run with the land when the property changes hands.
An easement which passes (or runs) with land so as to benefit successors can only exist where a number of requirements are satisfied: The land must benefit one piece of land which is in different ownership from another piece of land over which the rights are exercised; and.
A restrictive covenant is a private agreement between land owners where one party will restrict the use of its land in some way for the benefit of another's land.In other words, the restrictive covenant 'runs with the land'.
An easement is said to "run with the land", i.e. it cannot be sold separately from the land but must be passed on with the land whenever the land is transferred to a new owner.
The important thing to remember about restrictive covenants is that they 'run with the land'. This means that they are applicable to all future purchasers of the property and not just the original purchaser.