Running with the land refers to a legal principle that pertains to the transferability and enforceability of certain rights or obligations associated with a specific property. This concept implies that certain rights or obligations are automatically passed on or bind subsequent owners of the property, regardless of whether or not it is explicitly mentioned in the land deed or contract.
When a particular right "runs with the land," it means it has a perpetual nature and remains connected to the property itself, rather than the original parties involved in the transaction. Consequently, even if the property changes ownership, the rights or obligations tied to it continue to apply.
Typically, rights that run with the land include easements, covenants, and restrictions. For example, an easement granting an individual the right to access a neighboring property, either to pass through it or utilize a specific resource, typically runs with the land. This means that if the property is sold or transferred, the easement will also transfer to the new owner, who will be bound to allow access as per the original agreement.
Similarly, restrictive covenants, such as zoning regulations or neighborhood bylaws, can run with the land. These covenants impose specific limitations or requirements on the property, affecting its use, development, or maintenance. Even if ownership changes, the new owner remains subject to the restrictive covenant.
Running with the land ensures the continuity of rights and obligations associated with a property, providing stability and predictability in real estate transactions.
