Running With The Land

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, they are tied to the property (land) and not to the owner, and will move from deed to deed as the land is transferred from one owner to another.

There are two types of covenants that are said to run with the land. An affirmative covenant states something that property owners are obligated to do. A restrictive covenant specifies something that property owners must refrain from doing. Owners are said to be "burdened" by affirmative covenants and must "enforce" restrictive covenants. An example of an affirmative covenant that would run with the land is that all homes must be at least a specified square footage. An example of a restrictive covenant that would run with the land might be that no livestock are permitted on the property. Covenants that run with the land are intended to guide orderly land development.