The Doctrine of Privity of Estate in Connection with Real Covenants

Abstract

It is generally stated as a fundamental requirement of a real covenant or covenant "running with the land" that there must exist "privity of estate." An examination of the nature of such a requirement--a problem which has troubled many of the great legal scholars--has much of interest to the legal student not merely because the authorities are in confusion and discord but especially because it is apparent that here the courts in defining an expression of some degree of antiquity in the law are powerfully influenced by modern and diverse views of public policy towards encumbrances on real estate titles. In certain jurisdictions a policy against such encumbrances is so strongly felt that except as to covenants in leases the obligations of all covenants are in general unenforceable except against the original covenantors. In the majority of jurisdictions in this country, however, covenants may run with the land, but only if there exists privity of estate as defined by the local law.