Exploring Horizontal Privity: Legal Relationships and Implications
Definition & Meaning
Horizontal privity is a legal term that describes the relationship between parties involved in a covenant related to land. This relationship can exist between a buyer and a member of the buyer's family, or between parties who share a mutual interest in the property affected by the covenant. In simpler terms, it refers to how individuals or entities are connected when it comes to agreements about land use or property rights.
Legal Use & context
Horizontal privity is primarily used in property law, especially in cases involving real estate covenants. These covenants are agreements that affect the use of land, and understanding horizontal privity is crucial for determining who can enforce these agreements. This term is relevant in various legal contexts, including civil law, where property rights and obligations are a focus. Users may find it beneficial to utilize legal templates from US Legal Forms to draft or review covenants related to their property.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner sells their property to a buyer, who then agrees to maintain a specific fence as part of the sale agreement. The homeowner's family member, who lives nearby, may have the right to enforce this covenant due to horizontal privity.
Example 2: A developer creates a subdivision with specific restrictions on property use. Future homeowners in the subdivision, who have a mutual interest in maintaining the neighborhood's standards, may enforce these restrictions through horizontal privity. (hypothetical example)