Elements of a Real covenant Forum

[joetheplumber]

I know it is
1. Intention
2. Privity of estate and
3. Touch and concern

However, for element 2, if I don't have privity of estate, but only privity of K. Does it work/still run with the land?

[Tom Joad]

If there is no privity of estate then it is just a personal contract between the original covenators if it holds up as a contract, but it doesn't run with the land. Also you may have to know horizontal privity and vertical privity.

[Blessedassurance]

i have the elements as follows (from big poppa joe [ singer]):

1. Writing (usually a deed, sometimes a lease, can be a declaration)
2. notice
3. intent
4. touch and concern
5. horizontal and vertical privity

note: intended beneficiaries can sue w/o privity for injunctive relief under the law of equitable servitudes