restatement THIRD servitudes

Question 1

The new restatement abandons what requirement of servitudes completely?

Answer 1

the “touch and concern” requirement completely

covenant should be permitted to run regardless of if it touches and concerns the land

• unless it is illegal or unconstitutional, or violates public policy

the new restatement also rejects vertical privity and focuses on distinctions between affirmative and negative covenants

• new restatement says that benefits or burdens will generally run with the land unless otherwise provided by the terms of the servitude

Question 2

does the new restatement use privity

Answer 2

no vertical privity and no horizontal privity requirement in all circumstances

servitudes are combined into one area by combining the real covenant and equitable servitude into one doctrine the SERVITUDE

a contract or conveyance creates a servitude if
1 parties intended to
2. satisfies statue of frogs
3. it is not illegal , unconstitutional, or violative of public policy