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Real Covenant

Real Covenant

Definition

An agreement between two parties concerning the use of land, incorporated into a writing at the time of its creation in order to run with the land and be enforceable by or against subsequent purchasers. The original parties must intend that their successors in interest be benefited and burdened by the promise, the covenant must touch and concern the land, the parties must be in vertical and (in some jurisdictions) horizontal privity, and the owner of the servient tenement must have notice of the burden.

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