5.52 Other Covenants

• Library: Real Estate Practice Deskbook (2019 Ed.)

4. (§5.52) Other Covenants

All covenants in deeds and concerning realty or the use of realty are real or personal. But not all covenants are restrictive covenants. "Real" covenants "touch or concern" the land, and "run with the land." A real covenant binds all successors in interest, regardless of whether the successor had any actual or constructive notice of the covenant when the successor acquired title. Lake Wauwanoka, Inc. v. Spain, 622 S.W.2d 309, 312 n.6 (Mo. App. E.D. 1981). "Personal" covenants are promises made by a grantor to a grantee generally concerning use of the land...