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Horizontal Privity

Horizontal Privity

Definition

In the property context, horizontal privity exists when the original parties to a real covenant had a simultaneous or shared interest in the property subject to the covenant. Horizontal privity will likely always exist if the covenant is part of a transfer of real property. In the products-liability context, horizontal privity may be relevant in determining whether someone other than the buyer of a defective product can maintain an action for breach of warranty.

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