Which elements are required for a covenant to run with the land on the benefited parcel?

• A. Covenant in writing; Notice; Touch and concern; Vertical privity
• B. Covenant in writing; Intent to run; Touch and concern; Vertical privity
• C. Covenant in writing; Intent to run; Open and notorious; Notice
• D. Covenant in writing; Intent to run; Touch and concern; Actual possession

Answer: (B)

The main idea is that a covenant can bind successors and run with the land when it is tied to the land itself, not just to the original parties. To run with the land on the benefited parcel, four elements must be met.

First, it must be in writing. The promise related to land use has to be evidenced in a signed writing to satisfy the statute of frauds.

Second, there must be an intent that the covenant run with the land. The parties must intend that future owners take on the promise or benefit, not just the original parties.

Third, the covenant must touch and concern the land. It has to affect how the land is used, occupied, or valued—it's not enough if the obligation is personal and detached from the land itself.

Fourth, there must be vertical privity. There has to be a chain of title linking the original parties to the current owner of the benefited parcel, so the beneficial interest is capable of passing along with the land.

Together, these four elements explain why the covenant runs with the land on the benefited parcel.