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CHAPTER 29

Real Covenants and Equitable Servitudes: Running with the Land

    INTRODUCTION

Landowners may contract among themselves as to the use or nonuse of their properties, and courts will enforce the contracts as between their original parties. At one time, however, neither contract rights nor obligations could be assigned to third parties. Courts would enforce contracts only if there was privity of contract between the parties (i.e., both parties were principals to the agreement). A person could assume the obligations by executing an assumption agreement or a new contract, but he could not become liable solely by purchasing the affected property.

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