covenants

Question 1

covenants are always binding on the

Answer 1

original parties

Question 2

covenants are usually not

Answer 2

implied, rather are written

Question 3

what does it mean for a covenant to run with the land

Answer 3

go beyond the use of the original party

Question 4

elements for covenant to run with the land 5
HIT NV

Answer 4

1. horizontal privity
2. intent
3. touches and concerns
4. notice
5. vertical privity

Question 5

intent

Answer 5

usually shown by contract language, typically inferred (heirs and assigns)

Question 6

touches and concerns

Answer 6

must affect the lan itself or property valued
- can be relate to what is to be done on the land or the value
(can be restrictions, additions, homeowner associations)
- must benefit the people who are providing money

Question 7

notice

Answer 7

party to be bound must be on notice
- can be actual or constructive
- like it the area has a common scheme development

Question 8

horizontal privity

Answer 8

must be connected by something more than the covenant (i.e, buyer/seler, landlord/tenant)

Question 9

vertical privity

Answer 9

the new party must have the same interest as the original owner (FSA to FSA)

Question 10

termination of covenants can be either

Answer 10

due to changed circumstances or due to public policy

Question 11

termination of covenants due to changes circumstances

Answer 11

• only when violations are so pervasive that the area covered by the covenant has changed
• changes must have been so radical as to have destroyed the covenants essential purpose
• even if a covenant leads to an inequitable/disfavored outcome, it is still enforceable

Question 12

termination due to public policy

Answer 12

a covenant can be found invalid if public policy changes and makes the covenant invalid

Question 13

condos, hoas are created by common interest communities, courts do not consider..

Answer 13

individual hardships
- generally these covenants are valid so long as they are reasonable and rational