Covenants/Equitable Servitudes Flashcards

1
Q

Covenant

A

Promise to do/not to do something related to land. UNLIKE AN EASEMENT, because not grant of a property interest, but rather Contractual Limitation regarding land

CAN BE AFFIRMATIVE/NEGATIVE

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2
Q

Covenants v. Equitable Servitude

A

Look at the recovery you are seeking,

Money damages = Covenant
Injunction = Equitable Servitude

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3
Q

Covenant Running With Land (Burden)(WITHN)

A

W - Writing, original promise between original parties in writing
I- Intent, Original parties intended covenant would run
T - Touch/Concern, Promise affected parties as landowners.
H(V) - Horizontal - nexus between original parties, requires: succession of estate meaning grantor/grantee, landlord/tenant Or mortgagor/mortgagee relationship.
Vertical - nexus between one original party and who they sold to requires NON HOSTILE nexus (No AP)
N - Notice, new party had notice when they took

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4
Q

Covenant Running with Land (Benefit)(WITV)

A

W - Writing between original parties
I - Intent, Parties intended promise would bind successors
T - Touch/Concern, Promise affected parties as landowners
V - nexus between one original and new party NON HOSTILE

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5
Q

Equitable Servitudes

A

Promise that equity will enforce against successors, Accompanies by equitable relief.

Negative Equitable Servitudes do no need to be in writing if implied from common scheme or plan

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6
Q

Creation of Equitable Servitude (WITNES)

A

W - Original promise in writing
I - Original parties intended promise to run
T - Promise affected parties as landowners
N - Successor of burdened land had notice

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7
Q

Common Scheme or Plan

A

When sale began, subdivider had someone general scheme of residential development which includes defendant’s land. AND

Defendant had notice of promise contained in prior deeds. Three forms of notice: Actual, Inquiry, Record

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8
Q

Defenses to Equitable Enforcement

A

Changed Conditions so pervasive that the entire area has changed

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