When does a covenant run with the land for a subsequent purchaser?

A covenant runs with the land for a subsequent purchaser when it "touches and concerns" the land and the purchaser has notice of it. This principle underlies the enforceability of covenants in property law, ensuring that certain promises regarding the use of the property bind not only the original parties but also their successors.

The phrase "touches and concerns" means that the covenant must affect the legal relationship of the parties as landowners and have a connection to the land itself, thereby influencing how the land is used or valued. Notice is crucial because a subsequent purchaser must be aware of the covenant to be bound by it. If they have notice—whether actual, constructive, or inquiry notice—they are responsible for adhering to the covenant terms.

The other options do not meet the foundational requirements. A verbal agreement lacks enforceability as a covenant unless certain formalities are met, a written guarantee does not inherently establish a running covenant, and changes in property value, while perhaps related to the impact of the covenant, do not determine whether the covenant itself runs with the land.