Changing Use Doctrine

Question 1

non-enforcement under Changing Use Doctrine

Answer 1

the use of land around the restricted lot has changed from that originally required to such an extent that enforcing the restriction no longer can be justified
(change must be inside the development,not outside)

Question 2

(Limits) Will the CUD terminate the real covenant?

Answer 2

NO, it just makes it unenforceable in equity

Question 3

(limits) can the court rewrite the restrictive covenant?

Answer 3

NO, its just enforced as written or NOT enforced

Question 4

internal looking doctrine

Answer 4

look inside the restrictive neighborhood, not outside

Question 5

problem w/owning a border lot

Answer 5

acts as a shield to neighborhood inside

Question 6

can the court use the doctrine to adjust/change the covenant?

Answer 6

no. another reason why covenants need to be amended

ex. …old $55 to fix roads & roads now cost more

Question 7

argument

Answer 7

“changing use has made it so it no longer makes sense to……”

Question 8

Have to use land consistent w/ _____ & ____?

Answer 8

ZONING & Real covenants in force

says “house” & “victorian”

Question 9

Does the changing use doctrine apply to easements??

Answer 9

NO! It applies to REAL covenant & Equitable servitudes

Question 10

real covenants, changing use apply

Answer 10

Yes

Question 11

Equitable servitudes, changing use apply

Answer 11

yes

Question 12

If municipality using it as commercial, but covenant says residential

Answer 12

use it as EVIDENCE of the changing use in neighborhood