Paper Number: 67
Project: Real Property Reform Project Phase 2 (2012)
Covenants that run with land can protect important interests and amenities against incompatible patterns of land use. Unlike normal contracts, they may be enforced against successive owners who are not parties to the covenant. Under existing law, covenants must be “negative” or “restrictive” (imposing a prohibition) in order to “run with the land,” apart from some statutory covenants held principally by public authorities. This report proposes that two kinds of privately created positive covenants be allowed to run with land: those requiring cost-sharing and those calling for performance of work or operations on land. The report contains numerous other recommendations for reform to rationalize and clarify the law surrounding covenants affecting land.
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