Covenants Flashcards
1
Q
A covenant is a ____.
A
Promise to do or not to do something (most likely: not to build for commercial purposes)
2
Q
When P seeks money damages, construe it as a covenant _____; when P seeks an injunction, construe it in ___ as an ____.
A
At law; equity; equitable servitude
3
Q
Requirements for burden to run:
A
WITHN
Writing Intent Touch and concern Horizontal and vertical privity Notice
4
Q
Requirements for benefit to run:
A
WITV
Writing
Intent
Touch and concern
Vertical privity
5
Q
Equitable servitude is a promise enforceable in equity against ____ of burdened land.
A
Successors
6
Q
Creation of equitable servitude requires: (acronym)
A
WITNES
Writing Intent Touch and concern Notice Equitable Servitude
7
Q
The common scheme doctrine allows a court to find that a non-burdened deed contains the same burden as other similar deeds (i.e. no commercial use of land). T/F
A
True
