MBE Rules · Real Property
Real covenants — running with the land
The rule
Burden runs at law if: (1) writing, (2) intent to run, (3) touch and concern the land, (4) horizontal AND vertical privity, (5) notice (for burden). Benefit runs with: (1) writing, (2) intent, (3) touch and concern, (4) vertical privity only. Remedy: damages.
In plain English
For a promise about land to affect future owners, it must be written, intended to continue, related to the land, and the parties must have a legal relationship. The burdened party must also know about it.
Worked example
The defendant buys a house with a promise to maintain a shared fence. The promise is written, intended to continue, and relates to the land. The defendant knew about it, so they must keep the fence in good repair.
Memory hook
Running Burden: 5 hurdles, Benefit: 4. Burden needs privity in pairs; benefit skips horizontal.
The trap
Students think: vertical privity alone suffices for both. Wrong, because burden also needs horizontal privity. The actual test is both for burden, vertical only for benefit.
How examiners test it
MBE loves: covenant in deed, neighbor dispute. Trap: assume benefit and burden need same privity. Focus: burden needs both privity types, benefit doesn't.
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