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Covenants That Run with the Land Can Be Waived
Real estate practitioners tend to think of covenants that run with the land as absolute: after all, they are signed and recorded documents, binding on successors, and, at least figuratively, run with the land.
Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC, 169 AD3d 568 (1st Dept. 2019).
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