Covenant

Question 1

Covenant

Answer 1

promise regarding use of land that runs with the land

Question 2

Affirmative promise

Answer 2

to do something

Question 3

negative promise

Answer 3

to not do something

Question 4

Run with land

elements

Answer 4

1. intentions of parties
2. privity
3. notice

Question 5

Equitable Servitudes

Witness

Answer 5

Writting
Intent
Touch And concern
notice
 equitable service

Question 6

Intent

Answer 6

originally promising parties intended that the promise would bind successors

Question 7

Touch + concern

Answer 7

pertains to the land

Question 8

notice

Answer 8

assignees or successors of the originally promising parties had some form of the notice of the promise

Question 9

Implied Equitable Service

Answer 9

allows an equitable servitude to be implied even in the absence of writing

Question 10

Remedies

Answer 10

Real Covenants: damages

Equitable Servitude: Injunction

Question 11

Anti-Discrimination Protection

Answer 11

racially/religious restrictive covenant are not judicially enforceable

Question 12

FHA Discrimination Prevention

Answer 12

1. discrimination intent: has to outright be against protected party
2. discriminatory impact: disparate impact if the enforcement of the covenant has a discriminatory effect of denying housing to the protected party
3. failure to make reasonable accommodation: discrimination includes refusal to make reasonable accommodations so that the protected may enjoy the dwelling
   * no fundamental alterations

Question 13

Termination of Covenants

Answer 13

Expiration, release, acquiesce, abandonment, merger, estoppel, prescription, condemnation, laches, unclean hands