Covenants

Question 1

Covenants that run with the land - requirements

Answer 1

PINT
P- Privity (horizontal and vertical)
- vertical: contract; servient estate transfers ALL interests to new owner
- horizontal: estate; landlord/tenant; grantor/grantee; mortgagor/mortgagee
I- Intent (written intent)
N- Notice (servient side takes notice)
T- Touch and concern the land

Question 2

Equitable servitudes

Answer 2

same as covenants but no privity (TIN)

Question 3

Implied reciprocal servitude

Answer 3

(1) not written
(2) must be negative
(3) filed declaration containing restrictions
(4) common scheme or plan
(5) current owner of servient estate takes with notice of the CC&R

Question 4

termination of covenant/equitable servitude

Answer 4

(1) written release;
(2) merger of the dominant and servient estates; abandonment;
(3) estoppel, or
(4) changed circumstances so that the reason behind the restriction is no longer valid

Question 5

JTs and mortgages

Answer 5

cannot encumber the other JTs so when the JT dies, the mortgage goes away.

Question 6

covenants to pay insurance

Answer 6

are considered to run with the land if the proceeds are used for repair or replacement by LL

Question 7

The covenant of quiet enjoyment and remote grantees

Answer 7

runs with the land, meaning that a remote grantee can sue the original grantor for damages if a third-party claimant disturbs the grantee’s possession and enjoyment.

Question 8

special warranty deed effect

Answer 8

does not warrant lack of defects in prior chain of title

Question 9

courts do not like to bind future landowners to

Answer 9

payments for an indeterminate period

Question 10

affect of liens when tenants in common

Answer 10

the lien only affects the share related to the person the lien is agaisnt