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Running with the Land

Passing with a transfer of the property. A provision in a deed by which the person to whom the land is transferred agrees to maintain a fence is an example of a COVENANT that runs with the land.

A covenant, a written promise or restriction on the use of land, is said to run with the land when either the obligation to perform it or the right to take advantage of it passes to the one to whom the land is transferred.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Roberts v. United States Jaycees to Secretary of State