Brief Fact Summary. Plaintiff, Neponsit Property Owners Association (Plaintiff), brought an action to foreclose a lien arising from a covenant contained in deed of conveyance to a predecessor in title of the Defendant, Emigrant Industrial Savings Bank (Defendant). The covenant essentially provided that a $4 fee would be collected annually upon lots of a certain size. The charge collected was to be devoted to maintenance of roads, paths, parks and other public purposes.
Synopsis of Rule of Law. A covenant must touch or concern the land. Privity exists in substance if not in form for an association that is comprised of property owners to advance their common interests.
Facts. The covenant in the deed requiring the payment of $4, goes to maintenance of sewers, roads, paths, parks and other public purposes. The covenant expressly states that it “shall run with the land”. The Plaintiff never owned and does not own any of the property concerned.
Issue. Does this covenant meet the essential requirement that a real covenant must be one “touching” or “concerning” the land with which it runs?
Does the Plaintiff, who has been assigned the covenants, but not any property have the right to enforce the covenants with no privity?