Real Covenants & Equitable Servitudes

Question 1

Private promissory obligations
Regarding land use
That are enforceable not only between the original parties but also by and against the original parties’ successors in interest simply because they have succeeded to the original parties’ properties

Answer 1

Real Covenants & Equitable Servitudes

Question 2

Generally authorize an affirmative use of the servient land

Usually impose only a passive obligation on the servient landowner

Answer 2

Easements

Question 3

Generally impose an affirmative obligation on the servient owner

Answer 3

Real Covenants & Equitable Servitudes

Question 4

If all requirements are satisfied, a _______ can be enforced either as a real covenant or as an equitable servitude.

Answer 4

promise

Question 5

An enforceable promise between the original parties that binds successor owners

Answer 5

Real Covenants

Question 6

A promise concerning the use of land that benefits and burdens both the original parties to the promise and their successors

Answer 6

Real Covenants

Question 7

2-sided promise

Answer 7

Real Covenants

Question 8

the right to enforce the promise

Answer 8

Benefit

Question 9

the duty to perform the promise

Answer 9

Burden

Question 10

promise to perform a particular act

Answer 10

Affirmative covenant

Question 11

a promise not to perform a particular act

Answer 11

Negative covenant

Question 12

Compliance with the Statute of Frauds
Original parties must have had the intent for the covenant to “run with the land” and bind successor owners
The covenant must “touch and concern” the land

Notice to the successor owner

Horizontal privity

Vertical privity

Answer 12

Elements

Real Covenants

Question 13

Must relate to the use, enjoyment, or occupation of real property

Answer 13

touch and concern

Question 14

The original parties to the promise must have been in privity of estate
mutual interest and successive interest standards

Answer 14

Horizontal privity

Question 15

The original party to the promise and the successor must be in privity of estate
The successor must have received the same estate that the original party had, i.e., conveying FSA from A to B

Answer 15

Vertical privity

Question 16

Benefit Side

Answer 16

satute of Frauds
Intent to bind
Touch and concern
Notice
Horizontal privity
Vertical privity

Question 17

Burden Side

Answer 17

Statute of Frauds
Intent to bind
Touch and concern
Vertical privity

Question 18

Definition: an enforceable promise concerning the use of land that benefits and burdens both the original parties to the promise and their successors

Answer 18

Equitable Servitudes

Question 19

Original parties must have had the intent for the covenant to “run with the land” and bind successor owners

Answer 19

Equitable Servitudes

Question 20

the successive owner may be bound by an equitable servitude even if the Statute of Frauds is not met

Answer 20

Common plan exception

Question 21

There was a common scheme or development, such as a subdivision, involving multiple parcels
The developer intended to impose uniform restrictions on all parcels but only some were in fact burdened
All parcels will be bound by the uniform restrictions even if the restrictions do not appear in the chain of title for every lot if the evidence establishes a common plan that a successive owner should have been aware of

Answer 21

Common plan exception

Question 22

May not be terminated by equitable doctrines such as unclean hands, laches

Answer 22

Real Covenants

Question 23

May be terminated by equitable doctrines such as unclean hands, laches

Answer 23

Equitable Servitudes

Question 24

The owner of a property intends to create a servitude that burdens his/her property
The owner enters into a contract or conveyance that satisfies the Statute of Frauds which creates the servitude (or the requirements for the creation of a servitude by estoppel, implication, necessity or prescription are met)
The servitude is not arbitrary, does not unreasonably restrain alienation, does not violate public policy, etc.

Answer 24

A servitude arises when: