Ch. 12: Real Covenants/Equitable Servitudes

Question 1

Abandonment/Waiver (Termination of Covenant)

Answer 1

requires proof that prior violations have eroded general plan, abandoned when it has been habitually and substantially violated, a few violations do not
constitute abandonment

Question 2

Laches (Termination of Covenant)

Answer 2

Sitting on one’s rights too long to someone’s detriment

i. Knowledge or reasonable opportunity to discover on part of potential plaintiff
ii. Unreasonable delay by P in commencing cause of action
iii. Damage to D resulting from unreasonable delay

Question 3

Equitable Estoppel (Termination of Covenant)

Answer 3

i. Admission, statement or act inconsistent with the claim asserted afterward
ii. Action by another party in reasonable reliance on that admission
iii. Injury to that party when first party is allowed to contradict or repudiate its admission

Question 4

Changed Neighborhood Conditions (Termination of Covenants)

Answer 4

must be material, character of neighborhood can defeat the object or purpose of restriction.

Question 5

Violation of Public Policy