Horizontal privity refers to the relationship between which parties for a covenant to run with the burdened land?

Horizontal privity refers to the relationship between which parties for a covenant to run with the burdened land?

• A. Buyer and seller; landlord and tenant; mortgagor and mortgagee
• B. Successive owners of the burdened land
• C. The grantor and grantee
• D. Neighbors

Answer: (A)

Horizontal privity refers to the relationship between the original parties who create a covenant at the time the land is transferred. This type of privity exists when the covenanted interest is created by a transfer between the grantor and grantee (buyer and seller), by a landlord and tenant, or by a mortgagor and mortgagee. That’s why the option listing buyer and seller, landlord and tenant, and mortgagor and mortgagee best fits horizontal privity—the initial parties who create the covenant. In contrast, successive owners of the burdened land involve vertical privity through the chain of title, and neighbors do not establish the necessary relationship for a covenant to run with the land.

Horizontal privity refers to the relationship between the original parties who create a covenant at the time the land is transferred. This type of privity exists when the covenanted interest is created by a transfer between the grantor and grantee (buyer and seller), by a landlord and tenant, or by a mortgagor and mortgagee. That’s why the option listing buyer and seller, landlord and tenant, and mortgagor and mortgagee best fits horizontal privity—the initial parties who create the covenant. In contrast, successive owners of the burdened land involve vertical privity through the chain of title, and neighbors do not establish the necessary relationship for a covenant to run with the land.