Real Covenants
Definition
Promise which is enforceable not only
between the original parties, but also
between successors of either party
solely because they are now the new
owners of the land.
Elements of Real Covenant
1.
Enforceable Promises
Elements of Real Covenant
1.
2.
Enforceable Promises
Intent for Promise to Run with
the Land
Elements of Real Covenant
1.
2.
3.
Enforceable Promises
Intent for Promise to Run with
the Land
Promise Must “Touch and
Concern” the Land
Elements of Real Covenant
1.
2.
3.
4.
Enforceable Promises
Intent for Promise to Run with
the Land
Promise Must “Touch and
Concern” the Land
Privity
Gallagher v. Bell
Cabin John Park
Neponsit v. Emigrant
From the Neponsit Property Owners’
Association Website:
“Just fifteen miles from Manhattan, lies
an oasis called Neponsit. A peninsula
only 4 blocks wide, Neponsit occupies an
area of less than one tenth of a square
mile, bordered by Beach 142nd and
Beach 149th Streets, Jamaica Bay and
the Atlantic Ocean.”
Neponsit v. Emigrant
1936 Photo of Neponsit
Neponsit v. Emigrant
1924 Colorized Photo of Neponsit
Neponsit v. Emigrant
Neponsit Today
Neponsit v. Emigrant
Neponsit Today