Covenants & Equitable Servitudes Flashcards
A covenant is…
a witten contractual limitation or promise related to land.
Covenants differ from easements because…
they are not grants of property interests.
A restrictive covenant is…
a promise to refrain fom doing something related to land.
Affirmative covenants are…
promises to do something related to land.
If a Plaintiff is seeking money damages, constue the promise as…
a covenant.
If a Plaintiff is seeking an injuction, construe the promise as…
an equitable servitude.
A covenant may bind any successor in interest to the burdened estate the promise is…
(1) In writing;
(2) Intending to run by original parties;
(3) Touching & concerning the land;
(4) Where horizontal & vertical privity is present; and
(5) Notice is given to the successor in land.
A successor has standing to enforce a benefit covenant if the promise was ….
(1) In writing;
(2) Intending to run by original parties;
(3) Touching & concerning the land;
(4) Where vertical privity is present.
A covenant may be terminated by:
(1) written release;
(2) merger of the benefitted and burdened estates; or
(3) condemnation of the burdened property.
An equitable servitude is a promise…
that equity will enforce against successors of the burdened land regardless of whether it runs with the land at law, unless the successor is a BFP.
To create an equitable servitude…
a writing is usually required, but it may arise by implication from a common scheme of development of a residential subdivision.
A court will not enforce an equitable servitude if…
- The neighborhead conditions have changed so signiciantly that enforcement would be inequitable.
- The person seeking enforcement is violating a similar restriction on his own land (unclean hands);
- A benefitted party acted in such a way that a reasonable person would believe the covenant was abandoned or waived (estoppel); or
- The benefitted parted fails to bring suit against the violator within a reasonable time (laches).
