Legal Definitions - real covenant

A real covenant is a legally binding promise or agreement concerning the use of land that is attached to the property itself, rather than just to the individuals who originally made the promise. This means the obligation or restriction "runs with the land," automatically applying to all future owners of the property, even if they were not part of the initial agreement. Real covenants typically dictate what a property owner must do (an affirmative covenant) or must not do (a restrictive covenant) with their land.

Here are some examples illustrating real covenants:

• Example 1: Homeowners' Association Dues

  When a developer creates a new residential community, they often include a clause in the property deeds requiring all homeowners to pay annual fees to a homeowners' association (HOA) for the maintenance of common areas like parks, swimming pools, and private roads. This is a real covenant because the obligation to pay these fees and adhere to community rules is not just for the first buyer; it automatically transfers to anyone who purchases a home in that community, binding all future owners to contribute to the upkeep of shared amenities.

• Example 2: Architectural Restrictions

  Imagine a large estate owner selling a portion of their land to a developer. To preserve the aesthetic appeal and property values of their remaining estate, the original owner includes a covenant in the deed stating that any new homes built on the sold parcel must be single-story and constructed with specific natural materials. This is a real covenant because the restriction on building height and materials is tied to the land itself. If the developer sells the lots to individual homeowners, those new owners, and all subsequent owners, will be legally bound by the same architectural restrictions, even though they were not part of the original agreement.

• Example 3: Shared Easement Maintenance

  Consider two adjacent properties that share a private access road leading from a public street to both homes. When the original owner of Property A sells their house, the deed includes a real covenant requiring both Property A and Property B owners to equally share the costs of maintaining and repairing the shared access road. This is a real covenant because the responsibility to contribute to the driveway's upkeep "runs with the land." The new owner of Property A automatically inherits this obligation, just as the original owner did, ensuring the shared access is continuously maintained for both properties.