Run With The Land

Refers to perpetual rights or restrictions that affect all current and future owners of a property, as opposed to personal agreements not transferred with the deed.

Definition

Run With The Land refers to legal rights or restrictions that are attached to a property itself, rather than to the owner. These rights or restrictions bind all future owners of the property, ensuring that they continue to apply regardless of subsequent ownership changes. This is in contrast to personal agreements between the current owner and other parties that do not necessarily pass on to future owners through the property’s deed.

Examples

  1. Easements: A classic example is an easement allowing one property owner to use a part of a neighboring property. This right “runs with the land,” meaning any future owners of either property are bound by the easement.

  2. Restrictive Covenants: These are conditions written into a deed that restrict how a property can be used. For instance, a covenant may restrict building heights or dictate architectural styles, and these restrictions transfer with the property.

  3. HOA Rules: Homeowner Association regulations often include covenants that run with the land, ensuring that all future property owners must adhere to community rules.

Frequently Asked Questions

1. What is the difference between “run with the land” and a personal agreement?

“Run with the land” refers to rights or restrictions that are attached to the property itself and are binding on subsequent owners. In contrast, personal agreements are usually between current owners and do not transfer with the property deeds.

2. How can I find out if a property has covenants or easements that run with the land?

You can typically find this information in the property’s deed or by conducting a title search with a real estate attorney or title company.

3. Can these restrictions be removed?

Yes, but it can be complicated. It may require legal action, the consent of affected parties, or changes in local governance laws.

4. Do these restrictions affect property value?

Yes, they can both positively or negatively affect property values depending on whether the restrictions enhance the community’s appeal or impose limitations on property use.

5. Are these restrictions enforceable?

Generally, yes. They are legally binding agreements and, if breached, can result in legal action.

1. Restrictive Covenant

A covenant that imposes restrictions on the use of land so that the value and enjoyment of adjoining land will be preserved.

2. Easement

A right to cross or otherwise use someone else’s land for a specified purpose.

3. Deed

A legal document that represents the ownership of property and the rights and obligations that accompany the ownership.

4. Homeowners Association (HOA)

An organization in a subdivision, planned community, or condominium that makes and enforces rules for the properties within its jurisdiction.

Online References

Suggested Books for Further Studies

  1. “Real Estate Law” by Marianne M. Jennings

    • Comprehensive guide to understanding the public and private activities of real estate transactions.
  2. “Property: Principles and Policies” by Thomas W. Merrill and Henry E. Smith

    • Provides broad coverage on a wide array of property law principles and policies.
  3. “Fundamentals of Modern Property Law” by Edward H. Rabin and Roberta Rosenthal Kwall

    • Overview of the logic and structure underpinning modern property laws.

Fundamentals of Real Estate Law: Property Law Basics Quiz

### Which type of right or restriction "runs with the land"? - [x] Rights or restrictions that affect all current and future owners of the property. - [ ] Personal agreements between current owners only. - [ ] Rights that only apply to the original owner. - [ ] Temporary easements set for a specific timeframe. > **Explanation:** Rights or restrictions that "run with the land" are attached to the property itself and apply to all future owners. ### What is an example of a restriction that runs with the land? - [x] A restrictive covenant - [ ] A neighbor's verbal agreement - [ ] Temporary parking permits - [ ] Monthly utility agreements > **Explanation:** A restrictive covenant is a condition written into a deed that applies to the property, affecting all future owners. ### Can easements run with the land? - [x] Yes, easements can apply to future property owners. - [ ] No, easements are personal agreements. - [ ] Only if they are explicitly included in a new deed. - [ ] Only in urban settings. > **Explanation:** Easements are a classic example of rights that run with the land, binding future property owners. ### What document would likely detail rights and restrictions that run with the land? - [x] The property's deed - [ ] A rental lease agreement - [ ] An informal letter from the previous owner - [ ] Municipal tax records > **Explanation:** The property's deed is the legal document that would detail such rights and restrictions. ### Can a current property owner remove a covenant that runs with the land easily? - [ ] Yes, by simply ignoring it. - [ ] Always, if they disagree with it. - [x] No, removal generally requires legal action or consent from affected parties. - [ ] Yes, with an updated owners agreement. > **Explanation:** Removing a covenant that runs with the land typically requires legal measures or the consent of affected parties. ### Who enforces restrictions that run with the land? - [ ] Local police departments - [ ] Neighbors independently - [x] Homeowners Associations or courts through legal action - [ ] Utility companies > **Explanation:** Enforcement typically falls under the jurisdiction of HOAs or through legal action taken to uphold the restrictions. ### What is the primary benefit of restrictions that run with the land? - [ ] They increase utility costs. - [ ] They offer tax deductions. - [x] They preserve the value and character of properties and communities. - [ ] They remove the need for regular property maintenance. > **Explanation:** The primary benefit is maintaining the value and character of properties within a community. ### What might be included in a restrictive covenant? - [x] Building type and usage restrictions - [ ] Land colour - [ ] Personal taste preferences - [ ] Temporary event permits > **Explanation:** Restrictive covenants can include various property usage guidelines, such as building type. ### Can you change the basic structure of a property controlled by an easement? - [ ] Yes, without any permission. - [ ] Yes, with neighbors' approval. - [x] No, you must adhere to the easement regulations. - [ ] Yes, with a new deed. > **Explanation:** Property modifications under an easement must adhere to the easement's regulatory conditions. ### Who is affected by a restrictive covenant? - [x] All current and future property owners - [ ] Only the current owner - [ ] Only neighbors - [ ] Utility service providers > **Explanation:** Restrictive covenants bind all current and future property owners.

Thank you for exploring this exhaustive overview of “Run With The Land” and engaging in our detailed quiz. Continue learning to elevate your understanding of real estate nuances!


Wednesday, August 7, 2024

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