covenants Flashcards
covenant acronym
WITNP
writing
intent
touch and concern
notice
privity
touch and concern?
the benefit or burden must affect both parties
touch and concern for negative covenant
runs with land if it restricts owner’s use
touch and concern for affirmative covenant
runs with land if it requires the owner to do something related to the use of the land
when is notice required
for burden only
when does horizontal privity apply
burden only
when estate and covenant are in the same instrument
do noncompetes run with the land?
no
enforceable if you take w/ notice though
VA condo info
Owner owns unit, owners share common elements as TIC
Only association has standing to sue for claims/actions relating to common elements
who has standing to sue for claims relating to the common elements in condos?
condo association
what is considered surface water?
rain snow flooding
how does VA handle water rights
modified common enemy doctrine
lander owners can make changes to land to manage water but cannot needlessly or negligently harm another’s land
Va land support rights
must show actual damages to P property
support rights - undeveloped land
land owner digging on his land is SL for damage to undeveloped adjoining land
support rights - improvements
SL if adjoining land would have been harmed in undeveloped state
air rights
landowner has limited right to reasonable use of airspace
