Covenants

Question 1

Covenants

Answer 1

Are promises that run with the property that bind the parties down the chain of title

Question 2

Real covenant

Answer 2

Writing is required to create

Only runs if person purchasing burned land has actual notice

Historically needed vertical privity but trend is away from this requirement since actual notice is required

Remedy is at law: damages

Same estate for burden same or lesser estate

Question 3

Equitable Servitude

Answer 3

Always Negative

No writing required except if it is a reciprocal negative easement

Runs with land if original parties intended promise to run, person purchasing burdened land has actual or constructive notice, and promise touches and concerns the land

Historically needed vertical privity but trend is away from this requirement since actual or constructive notice is required

Remedy is equity: injunctive relief

Question 4

Reciprocal Negative Easement

Answer 4

is a type of equitable servitude in which a developer starts with a common plan with multiple lots, sells some lots with one or more negative promises designed to benefit all lots in the common plan, deed was recorded, all lots in plan are treated as containing the same promise.

Covenant touches and concerns land if purpose in effect, substantially alters rights of benefitted property owner

Home owner associates are treated by courts as alter-egos of property owners in membership and they can enforce covenants as if they were property owners

Question 5

Termination of covenants

Answer 5

1) Changed Condition
2) Estoppel
3) Latches
4) Abandonement
5) Unclean hands
6) Release
7) Acquiescense
8) Merger

Question 6

License

Answer 6

License is an oral or written permission allowing licensee to do some act on the land that would otherwise be a trespass

Can be revoked at any time unless it is coupled with an ownership in interest in chattels on land or estoppel