Private Agreements Pertaining to Property Flashcards
1
Q
What is a Covenant?
A
- Contractual promises of property character that stick to the land
- Enforceable by damages
- Writing
- Notice (Actual, Constructive, Inquiry)
- Intent of grantor to burden and benefit
- Promise must touch and concern the land
- Privity
2
Q
What is a Servitude?
A
- Contractual promises of property character that stick to the land
- Enforceable by injunctive relief
- In writing
- Notice (Actual, Constructive, Inquiry)
- Intent to run with the land
- Touch and Concern
3
Q
What is Horizontal Privity?
A
-Between two original parties, mutual or instantaneous
4
Q
What is Vertical Privity?
A
-FSA transfers down the line of successive owners
