Kiritsis & Associates
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Generally, it refers to a restriction on the use of land, that is caused by written agreement or instrument. The writing requirement, is usually due to statute of frauds issues. Often a covenant will be written, in either the deed document or in another document that is recorded with the land records. In order for subsequent owners to benefit and/or be bound by the covenant, they often must have notice of the covenant. Such notice depending on the jurisdiction and/or specific facts could be an inquiry notice, an actual notice or a constructive notice at the time of purchase. Depending on the jurisdiction and local legal customs, a covenant may need to meet certain horizontal and/or vertical privities of estate. The current trend is that courts tend to favor a property’s free alienation over ambiguous or unclear covenants. An important concept of American real property law could be oversimplified by the following phrase “use it or lose it”. If a covenant is not enforced and/or utilized over a long period of time, then a court may find that covenant enforcement should be disregarded.
Law Offices of Kiritsis & Associates
Phone # 212 922 0005
Manhattan Office (Main Office):
633 Third Avenue
New York, NY 10017
Brooklyn Office (By Appointment Only):
1023 74th Street
Brooklyn, NY 11228
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Ventnor, NJ 08406
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