To touch and concern means the covenant must relate to the use, value, or physical characteristics of the land.

To touch and concern means the covenant must relate to the use, value, or physical characteristics of the land.

• A. True
• B. False
• C. It must relate only to monetary obligations
• D. It applies only to affirmative covenants

Answer: (A)

Touch and concern means the covenant must affect the land itself—in its use, value, or physical characteristics—not merely personal obligations of the parties. If the promise restricts or regulates how the land is used, improves or preserves its appearance, or influences its value relative to other parcels, it touches and concerns the land and can run with the land. A purely monetary obligation that doesn’t impact the land’s use or value does not touch and concern. Both affirmative and negative covenants can touch and concern if they relate to land use or value, which keeps the focus on the land itself rather than personal duties.

Touch and concern means the covenant must affect the land itself—in its use, value, or physical characteristics—not merely personal obligations of the parties. If the promise restricts or regulates how the land is used, improves or preserves its appearance, or influences its value relative to other parcels, it touches and concerns the land and can run with the land. A purely monetary obligation that doesn’t impact the land’s use or value does not touch and concern. Both affirmative and negative covenants can touch and concern if they relate to land use or value, which keeps the focus on the land itself rather than personal duties.