What does Runs With The Land mean in real estate law?

Have you ever wondered why some property rules stick around forever, no matter who owns the land? I find this fascinating because these permanent attachments to property shape how we use and enjoy our real estate investments.

Runs With The Land: A legal term describing rights, restrictions, or obligations that are permanently attached to a property and automatically transfer to each new owner when the property is sold. These conditions remain with the land regardless of ownership changes and typically include easements, covenants, or other property-specific agreements.

Historical Context

The concept traces back to English common law, where landowners needed ways to create lasting agreements about property use. As American property law developed, these principles became fundamental to real estate transactions. Property owners needed reliable methods to preserve certain rights and restrictions across generations of ownership.

Key Components

Several types of interests can run with the land:

• Easements: Rights to use someone else's property for specific purposes

• Covenants: Promises about how the property will or won't be used

• Deed Restrictions: Specific limitations on property use

• Property Taxes: Ongoing financial obligations

• Mineral Rights: Rights to natural resources beneath the surface

For something to run with the land, it must meet these requirements:

• The original parties must intend for it to run with the land

• The interest must "touch and concern" the land directly

• Future owners must receive notice of the interest

• There must be privity of estate between the parties

Real-World Applications

You'll see these concepts play out every day in real estate. Your utility company might have an easement to access power lines on your property. If you live in a planned community, HOA restrictions run with the land to maintain neighborhood standards. Conservation agreements protect natural resources for future generations.

These interests can affect both property value and how you use your land. Some restrictions might limit development options, while others, like conservation easements, might offer tax benefits.

Common Misconceptions

Many people mix up personal and real covenants. Personal covenants bind specific individuals, while real covenants run with the land. You can't just terminate something that runs with the land by selling the property - it stays put! However, some interests can be modified through legal processes if all parties agree.

Legal Implications

As a property owner, you inherit both rights and responsibilities. You might have the right to enforce certain covenants against neighbors, but you'll also need to follow the rules yourself. Courts can enforce these obligations, and changing them often requires agreement from multiple parties.

Practical Considerations for Buyers and Sellers

Before buying property, research what runs with the land. A title search reveals most encumbrances, but you should:

• Review all property documents carefully

• Ask questions about existing easements or restrictions

• Consider how restrictions might affect your plans

• Discuss any concerns with your real estate agent

Conclusion

Understanding what runs with the land helps you make smart real estate decisions. These permanent property rights and restrictions shape how you'll use your property for years to come.

Contact Bellhaven Real Estate for expert guidance in your real estate journey. Our agents can help you understand property rights and restrictions before you buy.