Restrictions

Question 1

Different Approaches

Answer 1

1. traditional approach- real covenants
2. traditional approach- equitable servitudes
3. restatement approach (combines real covenant and equitable servitude into one) - Servitude

Question 2

1. Traditional approach- real covenants

Answer 2

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

6 elements must be proven for the *burden *of the promise to bind the promisor’s successors

Question 3

real covenants elements

Answer 3

1. compliance with SOF
2. Intent to bind successors
3. touch and concern
4. notice
5. horizontal privity
6. vertical privity

(NOTE- Only four elements necessary required for the benefit to run to the promisor’s successors- notice and horizontal privity are NOT required) .

Question 4

2. Traditional approaches- equitable servitudes

Answer 4

≠ require horizontal or vertical privity but the remedy is an injunction ≠ damages

Question 5

equitable servitude elements

Answer 5

1. statute of frauds or common plan.
   developed has manifested a common plan to impose uniform restrictions- all lots are burdened/benefited even if they do not appear in the chain of title to every lot
2. touch and concern the land
3. intent to bind successors
   4, notice (not required for benefit to run)