Covenants Runnings with the Land

Question 1

Real Covenants

Answer 1

Written - must comply with statute of frauds
Privity - in order for a real covenant to run with the land, vertical privity is required. Horizontal privity may also be required.
Intent - intend for rights and duties to run with the land through explicit language or implied from circumstances
Notice- actual or constructive notice
Touch and Concern -must touch and concern the land meaning benefit or burden must affect both parties as owners of the land

Question 2

Equitable Servitudes

Answer 2

Equitable servitude are covenants about land use that are enforced at equity by injunction.

An equitable servitude must be in writing, there must be intent for the restriction to be enforceable by and against successors, the person against whom the servitude is to be enforced must have notice of the servitude, and the servitude must touch concern the land. There is no privity requirements. Touch and concern the land and not merely as individuals

Intent
Notice
Touch and Concern

No privity required.
Does not need to be in writing.

The remedy is an injunction.