chapter 3 covantee and covanantor Flashcards
is covenantee:
dominant tenement or servient tenement?
dominant tenement
is covenantor: dominant tenement or servient tenement
servient tenement
trick to knowing if mortagee is lender or borower
mortagee has two e’s like lendor
mortgagor has two o’s like borrower
covenantee and covenantor are the same!
restrictive covenant?
means that you can restrict another parcel(pc of property) from growing trees or something etc
which of the following statements is false?
- so long as the effect is negative, positive words may be used in the document
- restrictive covenants must be intended to run with the land
- restrictive covenant will be presumed to be released if there has been temporarily inconsistency with it
- significant changes to the character of a neighborhood may render a restrictive covenant unenforceable
- restrictive covenant will be presumed to be released if there has been temporarily inconsistency with it
key word being temparorary, a short temporary change will not remove the restrictions permanently
what is the objective of restrictive covenants
uniformity! when they build a new neiborhood, or condo units, they plan out how it will look and what will keep it all in balance and fair etc
what are the requirements for a group of restrictive covenants to maintain uniformity
- the parties must recieve their title from the same vendor, purchasers may sell to others without affecting the building scheme
- restrictions apply equally to all lots and be consistent with some general schem of development
- the benefit of restrictions should bind each individual lot
what is the difference between covanantee and covanantor?
A covenant is a legally binding promise by one person (covenantor) to another (covenantee).