Alabama Covenants to Run with the Land
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FAQ
Restrictive covenant indemnity insurance can only be obtained when a covenant has been breached for at least 12 months without complaint, but once procured the policy will last in perpetuity and can usually be passed on to future owners of the property.
Terms: Real Covenant: A contractual obligation that relates to the ownership and/or use and enjoyment of real property. Touch and Concern: The status that a covenant has with regard to a particular parcel of land if the terms of the covenant call for actions or restrictions that are in regard to that parcel of land.
As well as by application to the Tribunal, a covenant may be removed by a deed granted by the beneficiary for the benefit of the burdened land. If a breach has continued for a long enough period without any objection being raised, it may be treated as having been abandoned under the principle of estoppel.
If the covenant is attached to the land it is said to 'run with the land'. That means it continues to apply to the land regardless of whether either the burdened or neighbouring lands have been sold on. This means a restrictive covenant can last indefinitely even if its purpose now seems obsolete.
If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.
As restrictive covenants don't 'expire', if they are breached the person with the benefit of the covenant can enforce them against you.It is sometimes possible to have a restrictive covenant removed from a title via a government organisation called the Lands Tribunal.
Can a restrictive covenant be removed? For prospective land or property purchasers, it may be possible to speak to the vendor or 'successor in title' with a view to having any restriction lifted. In other words, you may be able to remove your restrictive covenant- but there are no guarantees.
Alternatively, one could record a termination of covenant, if both parties to the original covenantor their successorsagree to the termination. Covenants can also be terminated by courts, upon a showing of illegality, abandonment, or even changed circumstances (i.e., inequitable to continue enforcing said covenant).
Many HOA covenants expire after a period of time, usually between 25 to 30 years. When covenants expire, associations may choose to reinstate them through a majority vote from the membership. This is known as Covenant Revitalization.