Bar Exam Mnemonics Practice Test

The first item is Writing. Covenants that run with the land must be memorialized in a writing to be enforceable against successors, due to the Statute of Frauds and the need for a tangible record of the promise. Without a writing, the covenant typically cannot bind later owners. After that, the other elements come into play: Intent shows the parties meant the covenant to bind successors; Touch and concern ensures the covenant affects the use or value of the land; Vertical privity requires a valid chain of title between the original promisor and the successor.