Covenants

Question 1

What are the requirements for the BURDEN to run on an equitable servitude

Answer 1

WIT N

1. writing
2. intent
3. touch and concern
4. notice

Question 2

What does touch and concern mean?

Answer 2

• restricts use of the property
• …

Question 3

What are the requirements for a BENEFIT to run with the land for a successor to enforce an equitable servitude?

Answer 3

WIT

1. Writing
2. Intent
3. Touch and concern

Question 4

Requirements for a burden to run

Answer 4

WITH VN (real)

WIT N (equitable servitude) - no privity requirements

1. writing
2. intent
3. touch and concern
4. horizontal privity
5. vertical privity
6. notice

Question 5

Requirements for a benefit to run

Answer 5

WIT V (real covenant)

WIT (equitable servitude) - take away privity requirement

1. writing
2. intent
3. touch and concern
4. vertical privity

Question 6

Example:

Ben promises A not to use his property for commercial purposes.

Ben sells to C.

A wants to enforce B’s covenant against C. How?

Answer 6

A must prove that the burden transferred (“runs with the land”) to C

A must prove: WITH VN (real) or WIT N (equitable servitude)

Question 7

Example:

Ben promises A not to use his property for commercial purposes.

A sells to D and Ben sells to C.

D wants to enforce the covenant against C. How?

Answer 7

D must prove that the benefit and burden transferred

Burden: WITH VN (real) or WIT N (equitable)

Benefit: WIT V (real) or WIT (equitable)

Question 8

Remedies for real covenant

Answer 8

Monetary damages

or

Monetary damages + Injunction

Question 9

Equitable servitude remedies

Answer 9

injunction