What is necessary for a benefit of a covenant to "run with the land"?

For a benefit of a covenant to "run with the land," it is essential that there is intent, notice, and privity involved in the transaction.

Intent refers to the original parties' intention for the covenant to bind future owners of the land. This must be expressed clearly in the terms of the covenant to ensure that subsequent purchasers are aware of their rights and obligations under it.

Notice is also critical because it ensures that future purchasers of the land are aware of the covenant. Without notice, a subsequent owner could unwittingly violate the covenant, leading to potential legal disputes.

Privity, particularly vertical privity, involves the relationship between the original party to the covenant and the successor. For a benefit to run with the land, there must be a direct relationship between these parties that allows the successor to claim the benefit of the covenant.

In summary, all three elements—intent, notice, and privity—are necessary for a covenant to be enforceable against subsequent landowners, thus allowing it to run with the land.