Runyon v. Paley

Judge GREENE

concurring in part and dissenting in part.

The three elements required for a covenant to run at law are that: (1) the original covenanting parties intended the benefits and the burdens of the covenant to pass to the successors in interest of the original covenanting parties; (2) the act covenanted to be done or omitted, touches and concerns the land or estate conveyed; and (3) there is privity of estate between the owner of the burdened property and the party seeking to enforce the covenant. See Raintree Corp. v. Rowe, 38 N.C. App. 664, 669-70, 248 S.E.2d 904, 908 (1978); see also…