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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.

Declaration of an association charges a board of directors with an obligation to enforce the restrictive covenants either by issuing demands, assessing monetary penalties against violating owners, performing self-help, or by pursuing legal remedies through the courts.

Legally, a properly recorded covenant (technically, a "restrictive deed covenant") is binding and enforceable. Even when covenants are not part of the contract and are instead signed among neighbors (such as a mutual compact), they are binding and may be litigated if breached.

Equitable servitudes differ from covenants in that: They are enforceable by injunction, while a real covenant is remedied by money damages. No horizontal or vertical privity is required for a servitude to run with the land. Servitudes are ownership interests in land, while real covenants are promises.

There must be a writing; There must be the intent for the covenant to run with the benefited estate; There must be privity; The restrictions must touch and concern the benefited parcel OR they must meet a reasonableness test (minority rule.)

Rural servitudes (i.e., those owed by one estate to another) include various rights-of-way; urban servitudes (i.e., those established for convenience) include building rights in neighbouring properties, such as drainage and encroachment rights, and rights to light, support, and view.

A covenant can run with the land, meaning the covenant will exist regardless the transference of the land. The subsequent landowner will continue being burdened or benefited by the covenant.

A restrictive covenant creates a deed restricted community. It is an agreement that states what a homeowner can or cannot do with their house or land. They are binding legal obligations which sellers write into the deed or contract of the property, and they can have penalties against buyers who fail to follow them.

Oregon Sample Covenant

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What is the difference between real covenants and equitable servitudes?

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Does a covenant run with the land?

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