C. [§ 6.15] Restrictive Covenants

• Jurisdiction: Maryland

C. [§ 6.15] Restrictive Covenants

A landowner may also claim control over an aspect of the use of land of another under a restrictive covenant. A restrictive covenant is

a servitude or easement, upon the land that [one] sells or leases, for the benefit of the land he still retains; and if that servitude is imposed upon the heirs and assigns of the grantee, and in favor of the heirs and assigns of the grantor, it may be enforced by the assignee of the grantor against the assignee (with notice) of the grantee.

Miller v. Bay City Prop. Owners Ass'n, 393 Md. 620, 633, 903 A.2d 938, 945-46 (2006) (quoting Halle v. Newbold, 69 Md. 265, 270-71, 14 A. 662, 663 (1888)).

While a prescriptive easement is a right to use land of another, a restrictive covenant is a right to restrict the other landowner's use of his or her own land. See generally City of Bowie v. MIE Props., Inc., 398 Md. 657, 678, 922 A.2d 509, 522 (2007) (discussing validity and enforceability of restrictive covenants and noting that "the law of Maryland has long-recognized properly created restrictive covenants as permissible encumbrances on land").

When renting or "granting" land, a land owner may put restrictions on the use of the land on either the part he or she retains or the part granted. A covenant that runs with the land exists when the following four elements are present:

(1) the covenant touches and concerns the land;

(2) the original parties to the covenant intended the covenant to run;

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