Property - Covenants and stuff....

[rutherford]

So the Landlord makes an agreement with a Tenant that the Tenant can use an extra garage on the premises where he rents his apartment. Landlord then sells his property to A and Tenant moves out  yet still wishes to use the extra garage space.

So, I'm thinking that A would still be bound if tenant was in the apartment due to constructive notice of the agreement; however, because Tenant no longer lives in the building what are his rights regarding the extra garage space?

Anyone...

[LostMyMonkeys]

I would think the garage would be a fixture, therefore part of the property.  Once T moves out, he no longer has rights to it... otherwise it would be a personal covenenat and you cant have those..covenants have to touch and concern the land contained in the original leasehold in order for the covenant to run. If you try to separate the extra garage from the land it was connected with, it no longer 'touch and concerns' the land??

[rutherford]

Thanks for the reply. I've decided to not follow up on this question cause' I think I failed Property yesterday. Oh well.