Which forms of notice can bind subsequent owners to covenants?

• A. Actual notice only
• B. Record notice only
• C. Actual, inquiry, or record notice
• D. No notice required if the covenant is in writing

Answer: (C)

Notice matters for covenants to bind future owners. A subsequent purchaser will be bound if they have actual notice of the covenant, record notice (the covenant appears in the public chain of title), or inquiry notice (the facts would prompt a reasonable investigation and discovery of the covenant). These three forms cover what the buyer knows, what is disclosed by the recording system, and what a prudent buyer would reasonably uncover. Because any of these forms of notice can bind the new owner, a covenant does not automatically bind simply because it is in writing; without notice, the covenant may not run with the land to a later purchaser.