Horizontal Privity Contract Relationship Parties

Definition: The relationship between the original parties to a contract, as distinguished from the parties' successors. In real property law, horizontal privity requires that the original covenant be made in connection with the transfer of a property interest between the covenanting parties.

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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

Traditional Requirement

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

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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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