Chapter 24: Real Covenant Flashcards
Which of the following statements regarding a real covenant is FALSE?
A
A covenant must be in writing.
B
A covenant is subject to state recording statutes.
C
You Selected: To be bound by the covenant, a successor party must intend that the benefit or burden run with the land.
D
To bind a successor to the promise, the original parties must intend that the covenant run with the land.
Which of the following statements regarding the requirements for running a real covenant is TRUE?
A
Constructive notice will not suffice as sufficient notice.
B
Actual notice of the covenant is required before a real covenant will run with the land.
C
You Selected: Notice is only one of the four requirements for a covenant to run with the land.
D
Correct Answer: In order to run with the land, the benefit or burden of the covenant must affect both the promisee and promisor as landowners.
Which of the following does NOT satisfy the “touch and concern” requirement?
A
A restriction on use of property
B
A covenant to pay money to a homeowners association
C
You Selected: A racially restrictive covenant
D
A negative covenant
Which of the following statements regarding the running of benefits and burdens with the land is FALSE?
A
You Selected: For the benefit to run with the land, both horizontal and vertical privity are required.
B
For the benefit to run with the land, “relaxed” vertical privity is required.
C
For the burden to run with the land, both horizontal and vertical privity are required.
D
For the burden to run with the land, both horizontal and vertical privity are required and the vertical privity must be strict vertical privity.
Which of the following statements regarding privity is FALSE?
A
In order for the burden to run, the original parties must have been in horizontal privity.
B
You Selected: In order for the benefit to run, the original parties must have been in horizontal privity.
C
For the successor to property to be burdened by the covenant, the successor must take the original party’s entire interest.
D
The relationship between an original party to a conveyance agreement and his successor to the property is one of strict vertical privity if the successor takes the original party’s entire interest.
Regarding vertical privity, which of the following will run when the successor takes less than the original party’s entire interest in the property?
A
The burden
B
You Selected: The benefit
C
Both the burden and the benefit
D
Neither the burden nor the benefit
