Horizontal Privity in Florida Contract Law
Horizontal privity refers to the relationship between original parties to a covenant. In property law, it exists when the covenantor and covenantee share a mutual interest in the land (grantor-grantee, landlord-tenant). Florida has relaxed this requirement following the Restatement (Third).
When It Matters
- Real covenants that run with the land
- Equitable servitudes enforcement
- HOA covenant enforceability
- Title issues with restrictive covenants
Traditional Requirement
- Covenant created in connection with land transfer
- Grantor-grantee relationship required
- Strict requirement limited enforcement
Florida Modernization
Equitable servitudes: no privity required (notice sufficient). HOA covenants: enforceable under Ch. 720 regardless. Restatement (Third): touch-and-concern + notice replaces privity.
Related Terms
- Contract — Covenant analysis
- Encumbrance — Restrictive covenants
- Equity — Equitable servitudes
Barnes Walker Real Estate
Barnes Walker's attorneys analyze covenant enforceability and privity issues for Florida properties. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC