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Horizontal privity?
Posted: Sun May 08, 2011 3:36 pm
by Charles Barkley
When does this not exist between original parties when analyzing the running of a covenant?
Re: Horizontal privity?
Posted: Sun May 08, 2011 3:39 pm
by 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
Re: Horizontal privity?
Posted: Sun May 08, 2011 3:41 pm
by 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??
Re: Horizontal privity?
Posted: Sun May 08, 2011 3:43 pm
by 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.
Re: Horizontal privity?
Posted: Sun May 08, 2011 3:46 pm
by prezidentv8
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Re: Horizontal privity?
Posted: Sun May 08, 2011 4:20 pm
by oklahomabreakdown
Sorry I meant Horizontal