Week 13

Question 1

Requirements for burden to run with the land

Answer 1

(1) intent (often common plan)
(2) notice
(3) touch and concern (appurtenant and not in gross)

Question 2

Requirements for benefit to run with the land

Answer 2

intent + touch and concern

Question 3

Tulk says covenant attacked to real property enforceableas___

Answer 3

equitable servitude against subsequent purchasers who have notice

Question 4

Tulk says D __

Answer 4

bound by OG covenant to maintain the garden

Question 5

Tulk says it would inequitable to allow OG purchaser to __

Answer 5

turn around and immediately sell the property, unencumbered by covenant at higher price

Question 6

Sanborn says that when developer transfers some lots with restrictions that benefit lot she retains suggesting ___ the restrictions are ___

Answer 6

common plan, enforceable against later transferees of retained lots provided they have notice of the restriction

Question 7

Sanborn says D had inquiry notice because __

Answer 7

fact all other properties in the subdivision were residential

Question 8

Sanborn says for restrictions to not be enforced would __

Answer 8

defeat expectations of buyers of the first lots (in reliance on plan)

Question 9

Real covenant requirements for burden to run with land

Answer 9

intent
horizontal privity (OG grantor and grantee)
vertical privity
touch and concern
appurtenant to land

Question 10

Requirements for benefit to run real property

Answer 10

intent
vertical privity (partial)
touch and concern

Question 11

Two neighbors who sign agreement to restrict land not in horizontal privity because ___

Answer 11

not in grantor-grantee relationship

Question 12

Partial vertical privity means __

Answer 12

only need some interest in land (not entire durational interest)

Question 13

Neponsit said covenant touched and concerned the land because __

Answer 13

charge used for maintenance of public works and spaces in which grantee obtained easement or right of enjoyment

Question 14

Eagle says even when parties ___ it only does if meets other requirements

Answer 14

expressly state covenant will run with the land

Question 15

Eagle said obligation to receive water from element was ___ rather than ___ so don’t run with land

Answer 15

personal K promise, significant interest attaching to respondent property

Question 16

Affirmative covenants are __

Answer 16

disfavored in the law

Question 17

Termination of covenants based on changed circumstances involves factors of

Answer 17

(1) restrictions made inequitable due to changed circumstances
(2) harm or burden to owner of property
(3) benefits to recipient

Question 18

Generally ___ defeats covenant termination

Answer 18

any finding of benefit even to one other owner

Question 19

Bolotin says deed restrictions will be enforced so long as ____ even if ___

Answer 19

OG purpose can be realized, higher market value without restrictions

Question 20

Bolotin held that commercial building can’t be built because __

Answer 20

restriction requiring single family still benefited other lots

Question 21

Other ways to terminate a covenant

Answer 21

abandonment
laches
estoppel
public policy

Question 22

Peckham says restrictive covenant deemed abandoned where ___

Answer 22

habitual, substantial violations have eroded general plan making enforcement inequitable

Question 23

Peckham says this covenant ___

Answer 23

has not been abandoned nor does it violate public policy

Question 24

Peckham says no abandonment because ___

Answer 24

even though a few businesses in development not abandoned because lots in violation very small %

Question 25

Peckham says no laches or estoppel because __

Answer 25

P brought suit as early as he could and never made statements inconsistent with current position

Question 26

Modern zoning has moved from ___

Answer 26

planning model to deal-making model

Question 27

Purposes of zoning

Answer 27

stable regime of residential land use
minimize negative externalities

Question 28

Pros of zoning

Answer 28

(1) lower info costs and more predictable than nuisance law or covenants
(2) deal with externalities
(3) judges ill equipped for detailed governance regime
(4) residents self-sort, prevent free riding

Question 29

Costs of zoning

Answer 29

(1) limits of bureaucratic decision making
(2) increases price of housing
(3) enable segregation
(4) home voter hypothesis

Question 30

Board of Zoning Appeals hears requests for __

Answer 30

variances and special exceptions

Question 31

Zoning ordinance not unconstitutional if it has ___

Answer 31

reasonable relation to public health, safety, morals, or general welfare

Question 32

Euclidean zoning

Answer 32

portions of community marked off in zones with individual parcels restricted to uses permitted in their zone

Question 33

PUD zoning

Answer 33

no comprehensive plan, based on negotiation between developers and local authorities

Question 34

Euclid says because ___ policy reasonable enough to prevent court from striking down

Answer 34

separation of private residential use to increase safety and decrease nuisance

Question 35

Some judges have held that having ___ on same block as single family homes is a nuisance

Answer 35

apartments

Question 36

Mt Laurel says zoning contrary to ___

Answer 36

general welfare is invalid

Question 37

Mt Laurel says state constitution requires land use regulations __

Answer 37

to not foreclose opps of low and moderate income housing people to live

Question 38

Zoning ordinances usually grandfather __-

Answer 38

non conforming uses of property in existence when scheme enacted

Question 39

Problem with grandfather non-conforming uses

Answer 39

assume would disappear but often get stronger due to local monopoly

Question 40

Amortization approach to non-conforming uses says that right __

Answer 40

is not perpetual and may be terminated after reasonable time and notice

Question 41

Amortization doesn’t __

Answer 41

require compensation

Question 42

Termination periods for non-conforming usually based on __

Answer 42

normal life of structure without extensive alterations or repairs