A discussion of the horizontal privity doctrine. Under this doctrine, restrictive covenants are binding upon future grantees only if the original parties to the covenant share some property interest outside the covenant- for example, if they are grantor and grantee of the same land, or if they are landlord and tenant. Although the doctrine has been often criticized by scholars, no recent court has rejected the privity requirement.
Lewyn, Michael, "The Puzzling Persistence of Horizontal Privity" (2013). Scholarly Works. 772.
Probate & Property