Restraints On Alienation Terms

Question 1

Fair housing act 1968

Answer 1

Targeted discrimination for the availability of housing and racially discriminatory advertising with specific provisions for realtor conduct

• realtors still steered people to certain neighborhoods based on race
• kept market free from restrictions/barriers to entry with interest to preserve the alienability of land

Question 2

Modifying & terminating covenants

Answer 2

1. Changes cannot just be on edge but must split the covenant area
   - deprive benefit to owners of dominant estate
   - courts worried about covenants unraveling if there’s not covenant in border areas
2. Comes from outside in
3. Addresses; (1) some covenants need to be changed BUT (transaction costs, holdouts, endowment affects; (2) developers make erroneous predictions about future
4. Other ways to change: unanimity, legislation

Question 3

Relative hardship

Answer 3

Another means for terminating/modifying covenants. Always relative to dominant estate—only comes into play if benefit is small and harm is large