Also known as: affirmative covenant · negative covenant · affirmative covenants · negative covenants · restrictive covenants
Written by attorneys · grounded in primary & secondary sources — see below
A classification of servitudes in which the nature of the burden determines the category. An affirmative covenant compels the covenantor to perform a specified act. A negative covenant requires the covenantor to refrain from specified conduct.
Alan Ackerman owns a condominium unit in a mixed-use building. The recorded declaration requires each unit owner to contribute proportionally to maintenance of a shared law library in a neighboring unit. The contribution duty binds Alan as a subsequent purchaser because the burden runs with the land and compels positive action.
Arcadia Retail purchases an office unit subject to a recorded declaration. The declaration prohibits any unit from serving as a high-volume document storage facility. The prohibition binds Arcadia because it limits permissible land uses and operates as a negative restraint on conduct.
Select any source to read its text and confirm it supports the definition.
The nature of the burden controls the classification. A covenant that requires the covenantor to perform an act is affirmative. A covenant that requires the covenantor to refrain from conduct is negative.
Supporting sources
A restrictive covenant is a negative covenant that limits permissible uses of land. Negative easements receive equivalent treatment as restrictive covenants.
Supporting sources
Yes. The obligation requires unit owners to perform the positive act of making proportional payments. This character distinguishes it from a negative covenant that merely forbids particular conduct.
Supporting sources
Yes. The prohibition directly forbids a category of activity and thereby narrows the range of lawful uses to which the burdened land may be put.
Supporting sources