run with the land

Run with the Land

Informal; describing rights that are conveyed with the transfer of real estate. For example, the owner of real estate is permitted to build a house on the property. Rights that run with the land are relatively all encompassing, though they generally exclude mineral rights.
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run with the land

Passes with the transfer of the land. Covenants and easements run with the land.They are binding on the land—and through the land,binding on the owners.This is true even if subsequent owners do not agree or have no knowledge of the easement or covenant.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
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Agreements: The property's co-owners are allowed to enter into a limited co-ownership agreement that may run with the land. The agreement must allow the co-owners to have the right to approve hiring a manager, selling or leasing the property and incurring debt secured by a blanket lien.
Instead, taking possession creates an implied agreement only that the successor lessee is assuming those fundamental covenants and obligations which "run with the land" or "touch and concern the land." The successor's taking possession does not make it liable in damages for other lease obligations which are merely "contractual."
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.
* 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.