Real Covenants & Equitable Servitudes

Question 1

Difference between Easements and Covenants

Answer 1

• Benefit of a covenant may not be in gross

- A covenant is the right to control, not the right to use

Question 2

Equitable Servitude Elements

Answer 2

1) Promise in writing to satisfy SOF
2) Intent for promise to run with the land (reflected in language)
3) Touch and Concerns the land
4) Subsequent owner must have notice of the covenant (proper recording provides notice)
-Notice is NOT required for
`benefit to run with the land

Question 3

Real Covenant Elements

Answer 3

1) Promise must be in writing to satisfy the SOF
2) Intent for promise to run with the land
3) Touch and concern the land
4) Subsequent owner must have notice of the covenant
5) Privity is satisfied

Question 4

Horizontal Privity Requirement

Answer 4

-Benefit: None
-Burden:
Majority: None
Minority: Required—Satisfied by:
(1)Multiple Simultaneous Interests in Property
(2)LL-T
(3)Grantor-Grantee Relationship

Question 5

Vertical Privity Requirements

Answer 5

-Minority: None
-Majority:
Benefit: Strict VP
Burden: Relaxed VP

Question 6

What you can sue for (ES vs. RC)

Answer 6

ES: Injunction (1-4 elements)
RC: Damages (1-5 elements)

Question 7

Touch and Concern for Burdened Land

Answer 7

Promise directly influences the occupation, use, enjoyment OR imposes obligation that detracts from value of the land

Question 8

Touch and Concern for Benefited Land

Answer 8

Enhances Land Value

*really as long as benefit is not in gross

Question 9

Methods of Termination

Answer 9

(1) Express Provision
(2) Merger
(3) Release
(4) Abandonment
(5) Estoppel
(6) Prescription
(7) Acquiescence (selectiveness)
(8) Unclean Hands (hypocrite)
(9) Laches (waited/weird delay)
(10) Changed Circumstances
* Some courts hold that 7-10 are only applicable to ES, not RC.