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.
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Stephen W. Howard is Utah attorney, practicing as part of the
Canyons Law Group, LLC.
With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
Call 801-449-1409 to arrange for a confidential initial consultation.
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