Legal Definitions - Running with the land

The legal term "running with the land" describes rights, restrictions, or obligations that are permanently attached to a specific piece of property, rather than being personal to its owner. This means that when the property is sold or transferred to a new owner, these rights or obligations automatically transfer along with it. They are considered part of the property itself and continue to apply to all future owners, theoretically forever, unless a specific legal event terminates them.

Here are some examples to illustrate this concept:

• Homeowners Association (HOA) Covenants: Imagine a house located within a planned community governed by a Homeowners Association. The original developer established rules and financial obligations, such as paying monthly HOA fees, maintaining a certain aesthetic for the property's exterior, or adhering to specific landscaping guidelines. These rules are not just agreements made by the first homeowner; they are recorded against the property deed.

  How it illustrates the term: When the house is sold, the new buyer automatically becomes a member of the HOA and is legally bound by all its existing rules and financial responsibilities. The obligation to pay fees and follow community guidelines "runs with the land," meaning it transfers with the property to every subsequent owner, regardless of their personal preferences.

• Conservation Easement: Consider a large rural property whose previous owner, passionate about environmental preservation, granted a conservation easement to a local land trust. This legal agreement permanently restricts certain types of development on a portion of the land, ensuring it remains in its natural state, perhaps for wildlife habitat or agricultural use.

  How it illustrates the term: If this property is later sold, the new owner cannot develop the restricted area, even if they wish to build a new structure or subdivide the land. The conservation easement "runs with the land," meaning the development restrictions are tied to the property itself and apply to all future owners, preserving the land's natural character indefinitely.

• Public Utility Easement: A residential property might have an underground public sewer line running through its backyard, serving several homes further down the street. The local municipality holds an easement that grants them the right to access that specific strip of land for inspection, maintenance, or repair of the sewer line. The property owner is typically restricted from building permanent structures (like a shed, deck, or addition) over this easement area.

  How it illustrates the term: Should the homeowner decide to sell their property, the new owner inherits the same restrictions. They cannot build over the sewer line easement, and the municipality retains its right to access that portion of the backyard whenever necessary. This right and restriction "run with the land" because they are tied to the physical property and its use, not to the individual who happens to own it at any given time.