Real Covenants

Question 1

Definition of Real Covenant

Answer 1

A promise concerning the use of land that (1) benefits and burdens the original parties to the promise and also their successors and (2) is enforceable in a action for damages. “It runs with an estate in land.”

Question 2

How is a real covenant different from an equitable servitude?

Answer 2

Remedies for Breach

Equitable Servitude = Injunction
Real Convenants = Damages

Question 3

Requirements for a burden to “Run with the Land”

Answer 3

1) The covenant must be in writing
2) The original parties must intend to bind successors.
3) The covenant must “touch and concern” land
4) Horizontal privity must exist (if enforcing against a successor)
5) Vertical privity must exist, (if enforcing against a successor), AND
6) The successor must have notice of the covenant.

Question 4

Touch and Concern

Answer 4

The burden of the covenant must relate to use of the land. The promise must exercise direct influence on the occupation, use or enjoyment of the premises.

Question 5

Privity

Answer 5

Privity is the legal term for a close, mutual, or successive relationship to the same right of property or the power to enforce a promise or warranty.

Question 6

Privity of Estate

Answer 6

Horizontal (simultaneous (mutual) or successive interests in affected land). Applies to original parties.
Vertical (grant entire estate or part of estate). Applies to successive parties.

Question 7

Strict Privity

Answer 7

One party must succeed to entire interest of the other party in the land.

Question 8

Laws Restraining Discrimination in Housing

Answer 8

Equal Protection Clause of US Constitution, 5th and 14th.

Civil Rights Act of 1866, 42 USC § 1981 & 1982

Fair Housing Act of 1968, 42 USC § 3601 et seq.