Land Use & Zoning
In Illinois, a 'covenant running with the land' is enforceable by and against:
AOnly the original parties who created the covenant
BSuccessive owners of the benefited and burdened properties, even if they were not parties to the original agreement✓ Correct
COnly the municipality where the property is located
DThe state of Illinois through the attorney general's office
Explanation
A covenant running with the land (restrictive covenant) automatically transfers to successive owners of both the benefited and burdened properties. For a covenant to run with the land in Illinois, the original parties must have intended it to run, it must 'touch and concern' the land (relate to its use or value), and there must be privity of estate. Subdivision covenants restricting lot use to residential purposes are classic examples—they bind all future owners.
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