Legal Question in Real Estate Law in Virginia

Right to Contribution Runs with Land

Will somebody please explain in plain English what ''right to contribution runs with land'' means. It is in my townhome HOA bylaws.

The bylaws state, ''The right of any Owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner's successors in title.''

I don't understand this statement.

Asked on 7/30/01, 10:17 am

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic
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Re: Right to Contribution Runs with Land

"Appurtenant to the land" means that the right (or obligation, as the case may be), is not tied to the owner but is tied to the "ownership". For example, if you own a piece of land that has an easement, e.g., a right of way to drive over another owner's land is a right that is peculiar to the piece of land that is benefited by it. In other words, if you sell that parcel, YOU don't have the right to continue to drive over the other person's land (exercise the easement, that is) but your successor in interest (the person to whom you sold or otherwise transferred the land) DOES.

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8/02/01, 8:26 pm

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