Thus, the contracts did not create real covenants that run with the land.
In their latest motions, the midstream companies noted that Texas courts have consistently analyzed whether covenants run with the land without considering horizontal privity, implying that horizontal privity is no longer a requirement under Texas law.
Agreements: The property's co-owners are allowed to enter into a limited co-ownership agreement that may run with the land
Similarly, when a lease calls for the lessee to maintain insurance, make repairs, or pay taxes, these obligations are also deemed to run with the land and will remain in effect.
In practice, it can be difficult to identify which lease covenants run with the land and which ones are merely contractual.
Since contamination of real property is the owner's personal legal obligation and does not run with the land
as does a lien or mortgage, the discounted sales price was given to cure the contamination problem, with the property's fair market value always equaling the value of contaminated property.