Servitudes: Covenants

Question 1

Covenants: Definition

Answer 1

A promise to do or refrain from doing something related to land

Question 2

Covenants: Real covenant

Answer 2

A covenant concerning real property

• Runs with the land at law
• Subsequent owners may be burdened by the covenant or may enforce it

Question 3

Covenants: Affirmative covenant

Answer 3

A promise to do something related to land

Question 4

Covenants: Restrictive covenant

Answer 4

A promise to refrain from doing something related to land

Question 5

Covenants: Termination

Answer 5

Can occur by:

• Written release
• Merger of benefited and burdened estates, or
• Condemnation of burdened property

Question 6

Covenants: Distinguish from equitable servitude

Answer 6

Difference is the remedy!

• Covenant - money damages
• Equitable servitude - injunction

Question 7

Burdens of Covenant to Run with Land: 5 Requirements

Answer 7

1) Writing
2) Intent to bind successors in interest
3) Touches and concerns the land (usually found)
4) Horizontal and vertical privity
5) Notice of successor in interest when they take their interest

Question 8

Horizontal Privity

Answer 8

Relationship between the covenanting parties

E.g. grantor/grantee, landlord/tenant, mortgagor/mortgagee, fee ownership/easement right in same land

Question 9

Vertical Privity

Answer 9

Relationship between convenanting parties and their successors in interest

E.g. contract, devise, descent

Question 10

Benefits of Covenant to Run with Land: 4 requirements

Answer 10

1) Writing
2) Intent to bind successors in interest
3) Touches and concerns the land (usually found)
4) Vertical privity