Saturday, July 22, 2006

I am a covenant and I am running with the land

I am a burden covenant and I am running with the land. This means that I give notice, I was intended, I touch and concern the land (i.e., concern the parties in thier capacity as landowners), and the makers of the covenant had both horizontal (some relaionship such tenant/landlor) and vertical privity (meaning some non--hostile nexus between transferor or transferee, pretty much only precluding vertical privity in the case of adverse possession, meaning posession that is continuous, open and notorious, adverse, and hostile, for a period of 10 years or more in NY, unless I am adversely possessing agaisnt NY, in which case the relevant SOL is 20 years, or have taken advantage of the doctrine of tacking).

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