Covenants: Changed Circumstances; Abandonment; Nonenforcement/Public Policy - April 27

Question 1

What is the test to determine if promises that are enforceable as real covenants and/or equitable servitudes may lose their enforceability if circumstances have changed so much that it is no longer possible to achieve the original purpose of the covenant? (Barros)

Answer 1

“The test is stringent: relief is granted only if the purpose of the servitude can no longer be accomplished.” (664)

Question 2

May courts refuse to enforce covenants on behalf of plaintiffs who have demonstrated unclean hands? (Barros)

Answer 2

Yes. (674)

Question 3

How does a plaintiff demonstrate unclean hands? (Barros)

Answer 3

Occurs when a plaintiff has violated a servitude and yet seeks its enforcement against another party. (674)

Question 4

What is the doctrine of laches? (Barros)

Answer 4

The doctrine of laches provides that an unreasonable delay in enforcement of a servitude over a period of years can render it permanently unenforceable, as the burdened owner should eventually be able to find repose in the law. (674)

Question 5

What does it mean when a covenant is abandoned? (Barros)

Answer 5

If the board fails to enforce the covenant, the covenant may become unenforceable. (675)

Question 6

Generally, is it possible to abandon ownership of real property? (Barros)

Answer 6

No. (683)

Question 7

What does it mean when property has negative value? (Barros)

Answer 7

The lot was essentially worthless because it was unbuildable, and it brought with it the obligation to pay dues and taxes. (683)