Private Regulation of Land Use

Question 1

A covenant that “runs with the land”, remaining in force even if the land is sold or transferred is called a….?

Answer 1

Running Covenant

Question 2

T/F: Running Covenants bind successors in interest.

Answer 2

True

Question 3

What public policy considerations can be used to challenge a covenant?

Answer 3

(1) No restraint on alienation
(2) Change in the “neighborhood”
(3) Deinstitutionalization

Secret 4th - Common interest communities (like no pets)

Question 4

The “no restraint on alienation” public policy consideration allows covenants as along as they are reasonable in….?

Answer 4

Purpose, duration, and effect

Question 5

T/F: Notice requirements for someone buying into a development with covenants are not very stringent

Answer 5

True

Question 6

T/F: Covenants are seen as something you have accepted knowingly and willingly

Answer 6

True

Question 7

T/F: Covenants that prevent things (like crosses) from being on the front lawn might violate peoples 1st amendment right to exercise their religion

Answer 7

True

Question 8

T/F: A party can make a first amendment claim against a covenant after they agreed to its rules.

Answer 8

False (Ginsberg v. Yeshiva of far Rockaway)

Question 9

T/F: The 14th amendment operates to strike down covenants that deny equal protection rights?

Answer 9

True