geekrocker37 wrote:In terms of covenants, could someone briefly explain horizontal privity? I know that it technically isn't required now for the burden of a covenant to run at law, but what exactly is it? My notes are limited to suggestions of promises occurring in the same time frame, but that could be very far off...
It means the two original promisees were in privity with each other, meaning at least one of two things:
Mutual Horizontal Privity: The two original promisees shared some sort of interest in each other's land at the time of promising- i.e. Landlord Tenant Relationship or One had an easement in the other's property.
Successive Horizontal Privity: The original promise was made in connection with the conveyance of an estate in fee- i.e. A sold B his parcel with the original promise in the deed itself, or along with the deed in some way.
So if A and B are neighbors, but share no interest in eachother's land, and just decide to promise to use their parcels for residential use only, there is no horizontal privity and the burden will not run.
This is how we learned it. The EE has some good explanation if you've got access to that.