What is required for a covenant to run with the land in Utah?

Utah real estate law allows certain covenants relating to land or land use to "run with the land" - meaning that the covenants will be binding upon future owners of the land. The enforcement of such covenants can be a contentious issue, often because a subsequent purchaser was not aware of the restrictions or obligations required under the covenants. If you are the owner of land or real estate (real property) that is or may be subject to covenants running with the land, a Utah real estate attorney can help determine legal obligations imposed by the covenants. If legal action is required to enforce the covenants, or if you are defending against a lawsuit filed to enforce covenants against you, having an experienced attorney on your side is vital to successfully navigating Utah's legal system.

Utah's courts have established certain requirements that must be met for a covenant to be considered to run with the land. The cases of Stern v. Metro Water District of Salt Lake & Sandy, 2012 UT 16, and Flying Diamond Oil Co. v. Newton Sheep Co., 776 P.2d 618 (Utah 1972) are two prominent cases dealing with covenants running with the land.

The essential requirements set forth under Utah law for a covenant to run with the land are: 1) the covenant must "touch and concern" the land; 2) the original parties to the covenant must have intended that the covenant run with the land; and 3) there must be privity of estate. Utah's statute of frauds also requires that the covenant must be made in writing.