Ch 24: Real Covenants

Question 1

Real Covenant

Answer 1

A promise concerning the use of the land that runs to successors to the promise

Question 2

When an agreement binds a successor, it _____?

Answer 2

“runs with the land”

Question 3

What is the benefit of the covenant

Answer 3

the ability to enforce the covenant

Question 4

What is the burden of the covenant

Answer 4

being subject to the covenant/bound by it

Question 5

What are the 5 elements for a covenant to run with the land

Answer 5

1. Writing
2. Intent
3. Touch and concern
4. Notice
5. Privity

Question 6

A real covenant is subject to ______, so it must be in _______

Answer 6

SOF ; writing

Question 7

To bind a successor, the original parties must ______ for the covenant to run with the land

Answer 7

intend

Question 8

Are real covenants subject to recording acts?

Answer 8

Yes

Question 9

Touch and concern requirement for covenants

Answer 9

A real covenant must touch and concern the land in order to run; the benefit or burden of the covenant must affect both parties as owners of the land

Question 10

Negative covenant

Answer 10

A restriction on use will usually touch and concern b/c they restrict what you can do with your land; discriminatory covenants dont apply here

Question 11

Affirmative covenant

Answer 11

A covenant to pay money traditionally did not meet the touch and concern requirement but the modern trend says it does

Question 12

What kind of notice is required to run a real covenant?

Answer 12

Either actual notice or constructive notice

Question 13

Horizontal privity

Answer 13

Refers to privity of the estate, where the estate and covenant are contained in the same instrument (ex. deed)

Question 14

To run the burden to a successor, the original parties to the promise must have been in?

Answer 14

horizontal privity

Question 15

You do not need _______ to run a benefit

Answer 15

horizontal privity

Question 16

Vertical privity

Answer 16

Refers to the relationship b/w the original party to the agreement and his/her successor to the property

Question 17

Strict vertical privity

Answer 17

To run the burden of the covenant to the successor, the successor must take the original party’s entire interest

Question 18

Relaxed vertical privity

Answer 18

To run the benefit of the covenant to the successor, the successor need only take an interest that is carved out of the original partys estate

Question 19

What is the remedy for breach of a real covenant?

Answer 19

damages