What is the difference between a restrictive covenant and an easement?
Broadly, a covenant is a promise by a single party to engage in or refrain from certain conduct. It binds the party who makes the covenant and can include certain restrictions, conditions, and prerequisites. A covenant that runs with the land can be applied to real property to bind future title holders of the property to the covenant. An easement is a right to do something or to prevent someone else from doing something over the real property of another. It is a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes.
Related Questions
- My property has a restrictive covenant stating that I must get permission from the Council before carrying out any development or extension. How do I request permission?
- Does donation of a conservation easement or restrictive covenant require the landowner to provide public access?
- What is the difference between a restrictive covenant and an easement?
