Ass. 23: Covenants Running w the Land: Creation and Validity Flashcards
midterm prep
1
Q
real covenant
A
promise concerning the use of land that
1. benefits & burdens the OG parties to the promise & also their successors; and
2. is enforceable in an action for damages
2
Q
promisors duty
A
to perform the promise
“burden”
3
Q
promisee’s duty
A
to enforce the promise
“benefit”
4
Q
affirmative covenant
A
promise to perform a particular act
5
Q
negative covenant (restrictive covenant)
A
promise to not perform a particular act
6
Q
remedy for real covenant
A
money
7
Q
real covenant traditional approach
A
did not run w the land
8
Q
real covenant modern trend
A
runs w the land
