Question 1

What does "running with the land" mean for restrictive covenants?

Accepted Answer

Running with the land: a covenant "runs with the land" when it binds not only the original parties but also all future owners of the affected property. Requirements (Florida): the covenant must: touch and concern the land (affect the use, value, or enjoyment of the property), be intended to run with the land (the parties intended it to bind future owners), be in writing (Statute of Frauds), and be recorded (providing constructive notice to future buyers). A covenant that runs with the land is: enforceable against any subsequent owner, regardless of whether they agreed to it.

Question 2

How are covenants running with the land created in Florida?

Accepted Answer

Creation: most commonly created through: recorded declarations (in subdivisions, HOAs, and condominiums), recorded deed restrictions (included in the deed conveying the property), and recorded easement agreements (easements that benefit and burden specific parcels). The declaration: is recorded in the official records before or at the time the first lot is sold, binds all purchasers who buy within the development (through constructive notice and express deed references), and creates a general plan of development (a comprehensive scheme of restrictions for the entire community).

Question 3

Can a covenant running with the land be terminated?

Accepted Answer

Termination: same as other covenants: expiration (the covenant reaches its specified duration), owner vote (the required percentage votes to terminate), abandonment (widespread non-enforcement), merger (one person acquires all affected parcels), changed conditions (the covenant’s purpose is defeated), and MRTA (Section 712.01: extinguished after 30 years if not preserved). Even after termination: the restriction no longer binds future owners, but the termination should be recorded (to remove the restriction from the official records and clear the title).

Restrictive Covenant Running with Land

Restrictive Covenants Running with the Land

Requirements

Creation

Termination

Related Terms

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