What Is Covenants in Property?

Covenants in property law are legally binding promises or restrictions placed on land use, which can be affirmative (requiring action) or negative (restricting action). They serve to maintain certain standards or aesthetics within a community or development.

Covenants are essentially rules or agreements that dictate how land can be used or what can be built on it. They can be found in deeds or established by property developers and are enforceable against current and future landowners. There are primarily two types of covenants: affirmative covenants, which require the landowner to perform a specific action (like maintaining a fence), and negative covenants, which restrict landowners from undertaking certain actions (such as building beyond a certain height).

The enforceability of covenants relies heavily on whether they run with the land, meaning they bind not only the original parties but also subsequent owners. To run with the land, a covenant generally must satisfy certain requirements: intent to bind successors, touch and concern the land, and the parties must be in privity of estate.

Key distinctions include the concept of equitable servitudes, which are similar to covenants but can be enforced in equity even in the absence of privity. This can affect homeowners and neighborhood associations, particularly in residential developments where the aesthetic appearance and usage conditions are vital for property values.

Additionally, covenants can be challenged based on public policy, changes in circumstance, or the possibility of being deemed obsolete, leading some courts to enforce an analysis of reasonableness based on current societal standards. Thus, understanding the nuances around property covenants is crucial for land use and property rights lawyers.

• 1Tulk v. Moxhay (1848) - Established the principle of equitable servitudes allowing certain restrictions to run with the land.
• 2Shelley v. Kraemer (1948) - Addressed the enforcement of racially restrictive covenants and introduced considerations of public policy.
• 3London Borough of Islington v. Romano (1993) - Examined enforceability of a restrictive covenant and its implications for property rights.
• 4Reed v. Town of Gilbert (2015) - Discusses implications of covenants in relation to the First Amendment and signage restrictions.

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