Multistate Bar (MBE) OPE 2 Practice Exam

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Which statement about covenants running with the land is accurate?
Correct Answer:
Enforceable against successors in interest.
Explanation:
Covenants that run with the land bind future owners who acquire an interest in the parcel. For a covenant to run, it must touch and concern the land, there must be an intent that it run with the land, and there must be privity (a relationship between the original parties and their successors) along with notice to subsequent purchasers in many cases. When these conditions are met, the covenant is enforceable against successors in interest, not just the original promisor, making the restriction or obligation binding on later owners. That’s why this statement is correct: covenants running with the land are enforceable against successors in interest. The other options fail because covenants can extend beyond the original promisor, aren’t limited to equity, and don’t necessarily require a deed in every case (they can arise from an executed contract or other instrument tied to the land).

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