Covenants running with the land: Which elements are required for a real covenant to run with the land and bind successors?

• A. Writing and notice
• B. Notice only
• C. Writing, intent, touch and concern, notice, and privity
• D. Intent only

Answer: (C)

Real covenants bind successors only when five elements are satisfied. The covenant must be in writing and show an intent that it run with the land. It must touch and concern the land, meaning it affects the use or value of the land itself, not merely personal duties of the original parties. The successor must have notice of the covenant when taking title, so they’re not unaware of the obligation. And there must be privity of estate linking the original covenanting parties to the successor, creating a chain of title that allows the covenant to bind the new owner. When all five are present, the covenant runs with the land and binds those who later acquire the property.