Which statement distinguishes real covenants from equitable servitudes?

Which statement distinguishes real covenants from equitable servitudes?

• A. Vertical privity is not required
• B. Vertical privity is required for real covenants but not for equitable servitudes
• C. Vertical privity is required for both
• D. Vertical privity is required for neither

Answer: (B)

Vertical privity is the chain of title between the original covenanting party and a successor who takes the land. For a real covenant to run with the land to a later owner, the law traditionally requires vertical privity—there must be a transfer that preserves the burden or benefit for the successor. Equitable servitudes, enforced in equity, do not require that same chain of title; a successor can be bound if the covenant touches and concerns the land and the successor has notice of the restriction. So the statement that vertical privity is required for real covenants but not for equitable servitudes captures the key difference between the two, making it the best answer.

Vertical privity is the chain of title between the original covenanting party and a successor who takes the land. For a real covenant to run with the land to a later owner, the law traditionally requires vertical privity—there must be a transfer that preserves the burden or benefit for the successor. Equitable servitudes, enforced in equity, do not require that same chain of title; a successor can be bound if the covenant touches and concerns the land and the successor has notice of the restriction. So the statement that vertical privity is required for real covenants but not for equitable servitudes captures the key difference between the two, making it the best answer.