Vertical privity is a legal term that describes the relationship between two parties in the transfer of property. The word is pronounced /vɜːtɪkəl ˈprɪvəti/ and is spelled with a "v" at the beginning to represent the voiced labiodental fricative sound, and an "i" instead of a "y" to represent the short "i" sound. The "t" in "vertical" is pronounced unaspirated because it comes after the stressed syllable, while the "r" in "privity" is pronounced as a tapped alveolar sound in American English.
Vertical privity is a legal concept that refers to the relationship between parties involved in a real estate transaction, particularly in relation to the transfer of a property interest. It is often used to determine the enforceability of certain covenants or obligations that run with the land.
In a general sense, vertical privity exists when there is a direct legal connection between the original parties to a contract or conveyance and subsequent parties who inherit or acquire the property interest. This connection establishes a chain of privity that binds all parties involved.
Vertical privity is crucial in the context of restrictive covenants, which are agreements that impose limitations on the use or development of the property. For a restrictive covenant to be enforceable against subsequent buyers or grantees, there must be vertical privity between the original covenanting parties and those bound by the covenant.
There are two types of vertical privity: strict and mutual. Strict vertical privity requires that the subsequent buyer or grantee inherits the entire property interest from the original covenanting party. On the other hand, mutual vertical privity allows for the enforcement of a restrictive covenant when the parties involved acquire separate legal interests in a larger property complex or development.
In summary, vertical privity is the legal connection between original parties and subsequent parties in a real estate transaction, ensuring the enforceability of certain covenants that run with the land. It plays a vital role in determining the rights and obligations associated with the transfer of property interests.
The term "vertical privity" is derived from two distinct words: "vertical" and "privity".
- "Vertical" originates from the Latin word "vertex", meaning "top" or "summit". It refers to something being perpendicular to the horizon or oriented in an upright position.
- "Privity" comes from the Latin word "privus", meaning "individual" or "private". In legal terminology, it generally refers to a relationship, connection, or mutual involvement between two parties.
When combined, "vertical privity" is a legal term used primarily in property law to describe the relationship between successive owners of land, particularly in the context of leases, conveyances, or transfers of property rights. It signifies the continuity or connection in the transfer of an interest from one party to another, typically from a landlord to a tenant or a grantor to a grantee.