Covenants II

Question 1

List and explain six mechanisms for residential segregation in the United States

Answer 1

• Intimidation, Harassment, Violence
• Racial Zoning
• Redlining
• Racial Steering
• Blockbusting
• Racially Restrictive Covenants
  Add explanation

Question 2

What are the ten ways to terminate a covenant? Remember MAUL A CREEP

Answer 2

• Merger
• Acquiescence
• Unclean hands
• Laches
• Abandonment
• Changed Conditions Doctrine
• Release
• Estoppel
• Eminent Domain
• Prescription

Question 3

Merger (MAUL A CREEP)

Answer 3

The covenant is terminated on the basis of unity of ownership of the benefit and burden by the same person.

Question 4

Acquiescence (MAUL A CREEP)

Answer 4

Arises when P is trying to enforce the servitude against D, but P has failed to enforce the servitude against other breaches by D.

Question 5

Unclean Hands (MAUL A CREEP)

Answer 5

The court will refuse to enjoin a violation of a servitude that the P previously violated

Question 6

Laches (MAUL A CREEP)

Answer 6

Involves an unreasonable delay by P to enforce a servitude against D causing prejudice to D (laches does not extinguish the servitude but only bars enforcement)

Question 7

Abandonment (MAUL A CREEP)

Answer 7

Resembles acquiescence except that it makes the servitude unenforceable as to the entire parcel rather than only as to the D immediately involved.
–The violations must be so general as to frustrate the original purpose of the covenant

Question 8

Changed Conditions Doctrine (MAUL A CREEP)

Answer 8

–When a party seeks to be released from the terms of an equitable servitude because of changed conditions, he or she must convince the court that the change complained of is so pervasive that the entire area’s essential character has been irrevocably altered.
–Piecemeal or borderlot change is never sufficient

Question 9

Release (MAUL A CREEP)

Answer 9

A formal discharge of the covenant that is in writing (SOF) and typically recorded

Question 10

Estoppel (MAUL A CREEP)

Answer 10

If D has reasonably relied upon the P’swords and/or conduct making it inequitable to allow the P to enforce the servitude

Question 11

Eminent Domain (MAUL A CREEP)

Answer 11

Condemnation of the burdened parcel, by governmental eminent domain power, will end the covenant

Question 12

Prescription

Answer 12

A covenant can be terminated when the promisor(burden holder) interferes with the promisee (benefit holder) from benefiting from the covenant in accordance with the elements of adverse possession.Remember COHAE.
» E.g., A’s covenant to not stop a neighbor from cutting across her land can be terminated if she stops the neighbor in accordance with COHAE.

Question 13

What is a common interest community?

Answer 13

Common interest communities involves real estate described in a declaration with respect to which a person, by virtue of such person’s property ownership in a unit, is obliged to pay real estate taxes, insurance premiums, maintenance, and/or improvement fees.
- The majority of common interest communities are homeowner associations; a smaller percentage are condominiums; and a much smaller percentage are cooperatives

Question 14

What are homeowner associations?

Answer 14

Private associations often formed by real estate developers for the purpose of marketing, managing, and selling homes and lots in residential subdivisions.
– See Neponsit case

Question 15

What are condominiums?

Answer 15

– Each unit (or interior space) is owned separately in fee simple by an individual owner.
– The exterior walls, the land beneath, the hallways and other common areas are owned by the unit owners as tenants in common.
– Because each unit is owned separately, each owner obtains mortgage financing by a separate mortgage on the owner’s individual unit

Question 16

What are cooperatives?

Answer 16

– Title to the land and building is owned by a corporation; the residents own all the shares of stock in the corporation and control it through an elected board of directors.
– Each resident has a long-term renewable lease of an apartment unit. Hence, residents are both owners of the cooperative corporation (by virtue of stock ownership) and tenants of the corporation.
– The cooperative property is usually subject to one blanket mortgage securing the money lender for the money borrowed to buy the land and erect the building.