Real Covenants

Question 1

Covenants

Answer 1

a promise to do or not do something related to land, similar to a contractual restriction

Question 2

Restrictive Covenants

Answer 2

Promise to refrain from doing something related to the land

Question 3

Affirmative Covenant

Answer 3

A promise to do something related to the land. Parlance one tract is burdened and another tract is benefitted because of the given promise

Question 4

When will the covenant run with the land?

Answer 4

When it is capable of binding successors. It is harder for burdens to run than for benefits to run

Question 5

When does a covenant become a real covenant?

Answer 5

When it is capable of binding immediate users and binding successors

Question 6

Elements for the burden to run with the land

Answer 6

1. Writing, original promise must be written
2. Intent for covenant to run with the land
3. Touch and concern the land - the promise must affect the parties as landowners and not simply as members of the community at large
4. Horizontal and Vertical Privity
5. Notice A1 must have notice of the promise when she took

Question 7

Horizontal Privity

Answer 7

connection between the original parties where A 7 B enjoy a grantor/grantee, landlord/tenant or mortgagor/mortgagee relationship OR share some other servitude.

**Hard to establish

Question 8

Vertical Privity

Answer 8

the nexus between A and A1. Requires non-hostile connection.

ABSENT if took by adverse possession

Question 9

Vertical Privity

Answer 9

the nexus between A and A1. Requires non-hostile connection.

ABSENT if took by adverse possession

Question 10

Standing

Answer 10

Proving that the benefit runs from B to B1

Question 11

Elements for Standing

Answer 11

1. Writing
2. Intent
3. Touch and Concern of the land
4. Vertical provity

Question 12

What is the difference between a covenant and an equitable servitude?

Answer 12

Remedy for covenant is money.

Remedy for equitable servitude is an injunction

Question 13

What is the difference between a covenant and an equitable servitude?

Answer 13

Remedy for covenant is money.

Remedy for equitable servitude is an injunction

Question 14

Equitable Servitudes

Answer 14

A promise that equity will enforce against successors

Question 15

To create binding Equitable Servitudes

Answer 15

1. Writing
2. Intent
3. Touch and Concern
4. Notice

**Privity is not needed to bind successors

Question 16

Implied Equitable Servitude

Answer 16

1. when the sales began, the subdivided had a general scheme of development which included D’s lot
2. the D lot holder had notice of the promise contained in those prior deeds

Question 17

3 Forms of notice that D should know Implied Equitable Servitude

Answer 17

1. Actual Notice
2. Inquiry, constructive notice, neighborhood conforms to a common restriction “the lay of the land”
3. Record Notice

Question 18

Doctrine of Changed Conditions

Answer 18

Equitable Servitudes may be terminated when change has so affected the given area as to render the purpose of that servitude moot

Question 19

Touch and concern the land

Answer 19

the promise must affect the parties as landowners and not simply as members of the community at large

Question 20

Third Restatement

Answer 20

no privity requirements for benefits and burdens running with the land covenants