covenant that runs with the land - significado y definición. Qué es covenant that runs with the land
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Qué (quién) es covenant that runs with the land - definición

SOLEMN PROMISE TO ENGAGE IN OR REFRAIN FROM A SPECIFIED ACTION
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  • A Florida subdivision plat from 1926 with a racially-discriminatory deed restriction: "At no time shall the land included in said tract ... be occupied by any negro or person of negro extraction".

covenant that runs with the land         
n. a promise contained in a deed to land or real estate which is binding upon the current owner and all future owners. See also: covenant
covenants, conditions and restrictions         
n. commonly called "CC and Rs," these are written rules, limitations and restrictions on use, mutually agreed to by all owners of homes in a subdivision or condominium complex. CC and Rs may limit size and placement of homes, exterior colors, pets, ages of residents, use of barbecues and other conduct to protect the quiet enjoyment of the various residents. CC and Rs are enforced by the homeowners association or by individual owners who can bring lawsuits against violators and are permanent or "run with the land" so future owners are bound to the same rules. Most state laws require that a copy of the CC and Rs be recorded with the County Recorder and be provided to any prospective purchaser. See also: covenant
running with the land         
adj. permanently part of the title (ownership) to real property.

Wikipedia

Covenant (law)

A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied covenant of good faith is presumed.

A covenant is an agreement like a contract. The covenantor makes a promise to a covenantee to perform an action (affirmative covenant in the United States or positive covenant in England and Wales) or to refrain from an action (negative covenant). In real property law, the term real covenants means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duties or restrictions upon the use of that land regardless of the owner. Restrictive covenants are somewhat similar to easements and equitable servitude. In the US, the Restatement (Third) of Property takes steps to merge the concepts as servitudes. Real covenant law in the US has been referred to as an "unspeakable quagmire" by one court.

A covenant for title that comes with a deed or title to the property assures the purchaser that the grantor has the ownership rights that the deed purports to convey. Non-compete clauses in relation to contract law are also called restrictive covenants.

Landlords may seek and courts may grant forfeiture of leases such as in leasehold estates for breach of covenant, which in most jurisdictions must be relatively severe breaches; however, the covenant to pay rent is one of the more fundamental covenants. The forfeiture of a private home involves interference with social and economic human rights. In the case of leases commuted to a large sum payable at the outset (a premium), that has prompted lobbying for and government measures of leasehold reform particularly in the law of ground rents and service charges.