§8.3 - Relationship of Burden to Benefit
| Jurisdiction | Washington |
§8.3 RELATIONSHIP OF BURDEN TO BENEFIT
Under the English view, a burden of a covenant cannot run if the benefit is "in gross" (not appurtenant) or is personal to the original covenantee. In other words, if the requirements for the running of a covenant cannot be met on the benefit side, not only can the benefit not run with the land, but neither can the burden, even if the requirements for running are met on the burden side. London County Council v. Allen, (1914) 3 K.B. 642. This approach likely is...
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