Which element is part of covenants that run with the land in terms of 'touch and concerns'?

Which element is part of covenants that run with the land in terms of 'touch and concerns'?

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

Answer: (B)

Touch and concern means the covenant must relate to the land’s use or value. For a covenant to run with the land, it has to affect how the land is lived on, used, or enjoyed, not just impose a personal obligation on the original parties. For example, a restriction that a property may only be used for single-family homes or that certain setbacks must be maintained directly affects the land and its value, so it touches and concerns the land and can bind future owners. By contrast, a purely personal promise that one neighbor will do something for another without changing how the land itself is used or valued doesn’t touch the land and won’t run with it. The touch and concern requirement is the test that the covenant relates to the land itself, which is essential for it to bind successors, alongside the other elements like intent, writing, and privity.

Touch and concern means the covenant must relate to the land’s use or value. For a covenant to run with the land, it has to affect how the land is lived on, used, or enjoyed, not just impose a personal obligation on the original parties. For example, a restriction that a property may only be used for single-family homes or that certain setbacks must be maintained directly affects the land and its value, so it touches and concerns the land and can bind future owners. By contrast, a purely personal promise that one neighbor will do something for another without changing how the land itself is used or valued doesn’t touch the land and won’t run with it. The touch and concern requirement is the test that the covenant relates to the land itself, which is essential for it to bind successors, alongside the other elements like intent, writing, and privity.