Covenants

Question 1

Covenant rule

Answer 1

A covenant is a promise to do or not to do something. Covenants must be in writing. Covenants generally run with the land.

Question 2

When do covenants run with the land?

Answer 2

1. Intent to run with the land
2. touch and concern the land
3. horizontal privity
4. vertical privity
5. notice

Question 3

Equitable servitude

Answer 3

A type of non-possessory interest in land that imposes certain restrictions or obligations on the use of the property, which are enforceable in equity, and run with the land.

If an equitable servitude is based on a common scheme, the common scheme must be in place from inception and the only defense is that changed circumstances make essential character of the area forever changes to make property unusable for all properties.

Question 4

Equitable Servitude Elements

Answer 4

1. Writing
2. Intent to bind subsequent transferees
3. Notice