Covenant Running With Land

A covenant which goes with the land (conveyed by the deed in which it is expressed), as being annexed to the estate, and which cannot be separated from the land, and transferred without it. 4 Kent, Comm. 472, note. A covenant is said to run with the land when not only the original parties to the deed of conveyance, or their representatives, but each successive owner of the land, will be entitled to its benefit, or be liable, as the case may be, to its obligation. 1 Steph. Comm. 455, and note (r); Burton, Real Prop. 157. Or, in other words, it is so called when either the liability to perform it, or the right to take advantage of it, passes to the assignee of the land. 1 Smith, Lead. Cas. 27, note; 5 Coke, 16a; 4 Kent, Comm. 470-473. See 17 Wend. (N. Y.) 136; U. S. Dig. "Covenant." A covenant to pay rent, to produce title deeds, or for renewal, are covenants which run with the land. All covenants concerning title run with the land, with the exception of those that are broken, if at all, beland depends not so much on whether it Js to be performed on the land itself, as whether it tends directly or necessarily to enhance its value, or render it more beneficial and convenient to those by whom it is owned or occupied. 174 111. 453.

A covenant which goes with the land, as being annexed to the estate, and which cannot be separated from the land, and transferred without it. 4 Kent, Comm. 472, note. A covenant is said to run with the land, when not only the original parties or their representatives, but each successive owner of the land, wlll be entitled to its banefit, or be liable las the case may bs) to its obligation. 1 Steph. Co.mm. 455. Or, in other words, it is so calied when either the liability to perform it or the right to lake advantage of it passes to the assignee of the land. Tiliotson v. Prichard, 60 Vt. 94, 14 Atl. 302, 6 Am. St. Rep 95 ; Spencer's Case, 3 Coke, 31; Gilmer v. Railway Co., 79 Ala. 572, 58 Am. Rep. 623; Conduitt v. Ross, 102 Ind. 166, 6 N. E. 198

Defined under Covenant in Black's Law Dictionary.