The Third Restatement of Property abandoned this requirement, which arose from Spencer's Case and was tied to land value in the the Bigelow-Clark test
The Third Restatement of Property abandoned this requirement, which arose from Spencer's Case and was tied to land value in the the Bigelow-Clark test. This requirement exists alongside a writing requirement, intent to bind, horizontal and vertical privity, and notice given to the successors, when applied to burdens. For 10 points, give this three-word requirement necessary for the burdens and benefits of a real covenant to run with the land, which basically signifies that a covenant relates to the direct use or enjoyment of the land.
The Third Restatement of Property abandoned this requirement, which arose from Spencer's Case and was tied to land value in the the Bigelow-Clark test.
touch and concern [or touch or concern]