Horizontal privity? Forum

[Charles Barkley]

When does this not exist between original parties when analyzing the running of a covenant?

[oklahomabreakdown]

This will depend on whether your professor teaches the modern and classic rule or just the modern rule.

Classic Rule- both parties must maintain an interest in the land i.e. an easement, profit, Reversion, Right of Reverter, Right of Re-entry, mortgage, etc.

Modern Rule- the covenant just has to been in the deed at the time of the conveyance

[Charles Barkley]

So if neighbors make an agreement to both not take a certain action on their land, the burden would not run depending on the approach regarding horizontal privity??

[oklahomabreakdown]

Exactly, in your case you would need the parties to both maintain an interest in the burdened properties, if they did not they would have no vertical privity.

[prezidentv8]

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[oklahomabreakdown]

Sorry I meant Horizontal