Affirmative Covenant
A type of restrictive property covenant that obligates the landowner to act. This covenant runs with the land, meaning that even in transfer of ownership, the obligation remains with the new landowner. An example of an affirmative covenant may be an obligation for the landowner to maintain a certain level and type of insurance or to maintain the property at a certain standard.
Frequently Asked Questions about Affirmative Covenants
What is an affirmative covenant in real estate?
An affirmative covenant is a type of property restriction that requires the landowner to take specific actions. It is legally binding and continues to apply even if the property is sold to a new owner.
How does an affirmative covenant differ from a negative covenant?
An affirmative covenant obligates a landowner to do something (e.g., maintain insurance), while a negative covenant restricts what the landowner can do (e.g., prohibiting certain uses).
Does an affirmative covenant transfer to a new owner?
Yes. Affirmative covenants “run with the land,” meaning the obligations continue with each successive property owner.
Can you give an example of an affirmative covenant?
An example would be a requirement for the property owner to maintain a specific type and level of insurance or to keep the property in a well-maintained condition.
Why are affirmative covenants used in property agreements?
They are used to uphold property standards, ensure consistency within developments, or protect shared interests in multi-owner properties or communities.
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