Vertical privity describes the relationship between the original covenanting parties and their successors in interest.

Vertical privity describes the relationship between the original covenanting parties and their successors in interest.

• A. True
• B. False
• C. It applies only to negative covenants
• D. It never applies

Answer: (A)

Vertical privity is the link between the original covenanting party and the successors in interest who take the land subject to that covenant. This relationship is what allows a covenant to run with the land to later owners or possessors. In other words, for the burden or benefit of a covenant to bind or inure to successors, there must be vertical privity between the original party and the successor in interest who acquires the land. This concept is distinct from horizontal privity, which concerns the relationship between the original covenanting parties at the time the covenant was created. So the statement is true: vertical privity describes that relationship between the original covenanting parties and their successors in interest.

Vertical privity is the link between the original covenanting party and the successors in interest who take the land subject to that covenant. This relationship is what allows a covenant to run with the land to later owners or possessors. In other words, for the burden or benefit of a covenant to bind or inure to successors, there must be vertical privity between the original party and the successor in interest who acquires the land. This concept is distinct from horizontal privity, which concerns the relationship between the original covenanting parties at the time the covenant was created. So the statement is true: vertical privity describes that relationship between the original covenanting parties and their successors in interest.