Which type of covenants cannot pass to successors in title by themselves?

• A. Negative covenants
• B. Restrictive covenants
• C. Positive covenants
• D. Express covenants

Answer: (C)

Positive covenants impose an affirmative duty to do something, and under traditional conveyancing principles they do not automatically bind future owners. For a covenant to run with the land and bind successors, there needs to be privity of estate and the covenant must touch and concern the land in a way that makes it a property obligation. A positive covenant, by its nature, creates a personal duty between the original parties and does not by itself attach to the land for future owners to be bound. That’s why positive covenants cannot pass to successors in title by themselves. In contrast, restrictive (negative) covenants are suited to running with the land and binding future owners, provided the other requirements for running with the land are met.