What does it mean for a covenant to touch and concern the land?

August 1, 2019 Off By idswater

What does it mean for a covenant to touch and concern the land?

A covenant in a lease that inherently relates to the land or the manner it is used, or where it affects the landlord or tenant in their capacity as such under a lease. Restrictions on a tenant assigning the lease without the landlord’s consent. …

What does it mean to touch and concern?

“Touch and Concern”: The status that a covenant has with regard to a particular parcel of land if the terms of the covenant call for actions or restrictions that are in regard to that parcel of land.

What is touching and concerning the land?

A covenant can run with land only if it touches and concerns that land. A covenant touches and concerns land if the performance of the covenant somehow relates to the use and enjoyment of the land.

What are the three conditions of a covenant?

At common law, the benefit of a restrictive covenant runs with the land if three conditions are met: The covenant must not be personal in nature – it must benefit the land rather than an individual. The covenant must ‘touch and concern’ the land – it must affect how the land is used or the value of the land.

What is the benefit and burden of a covenant?

A covenant is a provision, or promise, contained in a deed to land. Land may be subject to a covenant which affects or limits its use. This is known as the burden of a covenant. This is called the benefit of a covenant. A covenant can be very important as it could affect the value of land or its intended use.

Does a covenant touch and concern land?

In order for the doctrine to apply, the covenant must touch and concern the land, a covenant in the lease that does not touch and concern the land will not pass, and it must have been intended that the covenant should so run.

What is the difference between real covenants and equitable servitudes?

Equitable servitudes differ from covenants in that: They are enforceable by injunction, while a real covenant is remedied by money damages. No horizontal or vertical privity is required for a servitude to run with the land. Servitudes are ownership interests in land, while real covenants are promises.

What is the burden of a covenant?

A covenant is a provision, or promise, contained in a deed to land. Land may be subject to a covenant which affects or limits its use. This is known as the burden of a covenant. A covenant may give a landowner some say over what is permissible on neighbouring property.

What is the difference between condition and covenant?

A covenant is a promise by one party to do something for the other party – the bargained-for exchange between the parties. A condition is an event or occurrence that will trigger one or more obligations under the contract. Until that event or occurrence takes place, there is no obligation to perform under the contract.