Covenants Appurtenant Law and Legal Definition

Covenants appurtenant are covenants that are annexed to the estate and cannot be separated from the land. Such a covenant exists if the original owner as well as each successive owner of the property is either subject to its burden or entitled to its benefit. It is also called covenant running with the land.

The benefit and the burden of a covenant are subject to two general classifications--appurtenant and in gross--which themselves are subject to further classification as personal or running with the land. "Appurtenant" means that the rights or obligations of servitude are tied to ownership or occupancy of a particular unit or parcel of land. Covenants appurtenant and covenants in gross can be personal or can run with the land. "Running with the land" means that the benefit or burden passes automatically to successors. "Personal" means that a servitude benefit or burden is not transferable and does not run with land. [Shaff v. Leyland, 154 N.H. 495 (N.H. 2006)].