Restrictive Covenants

Question 1

Covenant

Answer 1

A promise to do or not do something on land

Question 2

Negative covenant

Answer 2

Refrain from doing something

Question 3

Affirmative covenant

Answer 3

Do something related to the land

Question 4

How to distinguish between a covenant and equitable servitude?

Answer 4

Look at damages sought:

$ damage = covenant
Injunction = equitable servitude

Question 5

2 types of land involved in covenant

Answer 5

Burden side and benefit side

Question 6

Requirements for burden to run with land

Answer 6

With N’

W-writing
I-intent
T- touch and concern (affects parties)
H- horizontal & vertical privity
N-notice (actual, inquiry, record)

Question 7

What is horizontal privity

Answer 7

Nexus between OG parties

Question 8

What is vertical privity

Answer 8

Nexus between successor and OG covenant

Question 9

Requirements for burden side to run with land

Answer 9

Wit V.

W-writing
I-Intent
T-touch and concern
V-vertical privity only

Question 10

Equitable Servitude

Answer 10

A promise equity will enforce against successors of burdened land (regardless of whether runs with land)

Question 11

Creation of Equitable servitude

Answer 11

Witnes

W-writing
I-intent
T-touch and concern
N-notice (successor must know when took)
ES- equitable servitude

Question 12

Common Scheme Doctrine

Answer 12

Equitable servitude is implied when:
1) clear scheme of developments when land sales began
2) Def had notice (actual, inquiry, record)