Definition
Run With The Land refers to legal rights or restrictions that are attached to a property itself, rather than to the owner. These rights or restrictions bind all future owners of the property, ensuring that they continue to apply regardless of subsequent ownership changes. This is in contrast to personal agreements between the current owner and other parties that do not necessarily pass on to future owners through the property’s deed.
Examples
-
Easements: A classic example is an easement allowing one property owner to use a part of a neighboring property. This right “runs with the land,” meaning any future owners of either property are bound by the easement.
-
Restrictive Covenants: These are conditions written into a deed that restrict how a property can be used. For instance, a covenant may restrict building heights or dictate architectural styles, and these restrictions transfer with the property.
-
HOA Rules: Homeowner Association regulations often include covenants that run with the land, ensuring that all future property owners must adhere to community rules.
Frequently Asked Questions
1. What is the difference between “run with the land” and a personal agreement?
“Run with the land” refers to rights or restrictions that are attached to the property itself and are binding on subsequent owners. In contrast, personal agreements are usually between current owners and do not transfer with the property deeds.
2. How can I find out if a property has covenants or easements that run with the land?
You can typically find this information in the property’s deed or by conducting a title search with a real estate attorney or title company.
3. Can these restrictions be removed?
Yes, but it can be complicated. It may require legal action, the consent of affected parties, or changes in local governance laws.
4. Do these restrictions affect property value?
Yes, they can both positively or negatively affect property values depending on whether the restrictions enhance the community’s appeal or impose limitations on property use.
5. Are these restrictions enforceable?
Generally, yes. They are legally binding agreements and, if breached, can result in legal action.
Related Terms
1. Restrictive Covenant
A covenant that imposes restrictions on the use of land so that the value and enjoyment of adjoining land will be preserved.
2. Easement
A right to cross or otherwise use someone else’s land for a specified purpose.
3. Deed
A legal document that represents the ownership of property and the rights and obligations that accompany the ownership.
4. Homeowners Association (HOA)
An organization in a subdivision, planned community, or condominium that makes and enforces rules for the properties within its jurisdiction.
Online References
Suggested Books for Further Studies
-
“Real Estate Law” by Marianne M. Jennings
- Comprehensive guide to understanding the public and private activities of real estate transactions.
-
“Property: Principles and Policies” by Thomas W. Merrill and Henry E. Smith
- Provides broad coverage on a wide array of property law principles and policies.
-
“Fundamentals of Modern Property Law” by Edward H. Rabin and Roberta Rosenthal Kwall
- Overview of the logic and structure underpinning modern property laws.
Fundamentals of Real Estate Law: Property Law Basics Quiz
Thank you for exploring this exhaustive overview of “Run With The Land” and engaging in our detailed quiz. Continue learning to elevate your understanding of real estate nuances!
