Kalinda, Cary’s next-door neighbor, promises Cary, that she, “her successors and assigns” will maintain her house, a lovely bungalow with a porch that encircles it, in good repair.
Kalinda later files the document with the county recorder of deeds. Cary values Kalinda’s pledge. Having a tidy house next door benefits his property.
A year later, Cary sells his house to Sarah, whom he tells about Kalinda’s promise. One morning Sarah meets Kalinda and reminds her of the pledge, which Kalinda reaffirms as she prunes a patch of delphinium.
About six months later, Kalinda, who misses Cary and feels sad about his moving away, decides to sell her house to Diane, who proceeds to let the property fall into disrepair. Under Diane’s stewardship, the bungalow becomes choked with vines and chickens peck at the floor of the porch, which once held a love seat on a swing.
Sarah, disgusted by the dereliction of duty, reminds Diane of Kalinda’s promise. Diane shrugs and returns to her hammock, which barely clears the lawn that has not been tended in months. Later that day Cary, at Sarah’s urging, calls Diane to remind her of Kalinda’s promise.
Diane demurs. “Whatever Kalinda pledged is between you and Kalinda,” she tells Cary. “That does not obligate me.”
“But you purchased the property from Kalinda,” Cary says, nearly in tears.
“Good luck to you,” Diane answers.
That night Cary and Sarah review their options. They wonder if they can sue Diane to compel her to maintain her property.
The answer is no, at least under common law.
Sarah could hold Kalinda to her promise because the promise benefitted the property that Sarah bought from Cary. When Cary conveyed his property to Sarah, she succeeded to his interest, which included Kalinda’s pledge.
But neither Cary nor Sarah can demand, legally, that Kalinda’s promise burden the property now that it’s owned by Diane. For that to have happen, Kalinda and Cary would have had to share some legal interest in the land – as buyer and seller, as lender and borrower, or as landlord and tenant, for example – independent of Kalinda’s promise.
The only relationship that existed between Kalinda and Cary was neighbors. Still, Sarah may be able to persuade a court to enforce Kalinda’s promise if she were to argue that it ties directly to the land itself regardless of who happens to own Kalinda’s former bungalow. Many courts recognize a so-called equitable right.
Sarah may succeed. Or she may not, in which case Diane can return to her reading.