Covenants

Question 1

Real covenant

Answer 1

A non possessory interest in land that obligated the holder to either do something or refrain from doing something. The remedy for breach is damages.

Question 2

Benefit of real covenant to run

Answer 2

(W.I.V.T)

1. Must be in writing
2. Intent that covenant runs
3. Vertical privity
4. Touches and concerns the land

Question 3

Burden of real covenant to run

Answer 3

(W.I.V.T.H.N)

1. Must be in writing
2. Intent that covenant runs
3. Vertical privity
4. Horizontal privity
5. Touches and concerns the land
6. Notice

Question 4

Equitable servitude

Answer 4

A covenant that equity will enforce if burdened estate had notice of the covenant. The remedy is injunction

Question 5

Benefit of equitable servitude

Answer 5

(W.I.T)

1. Writing
2. Intent
3. Touches and concerns the land

Question 6

Burden of equitable servitude

Answer 6

W.I.T.N

1. Writing
2. Intent
3. Touches and concern the land
4. Notice

Question 7

Common scheme

Answer 7

1. Developers had common scheme or plan that all parcels would be subject to restriction at time sold
2. Land owner had notice of restriction