In the WITH V covenant mnemonic, what is the first listed item?

In the WITH V covenant mnemonic, what is the first listed item?

• A. Writing
• B. Intent
• C. Touch and concern
• D. Vertical

Answer: (A)

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.

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.