Flashcards in Changing Use Doctrine Deck (12):
non-enforcement under Changing Use Doctrine
the use of land around the restricted lot has changed from that originally required to such an extent that enforcing the restriction no longer can be justified
(change must be inside the development,not outside)
(Limits) Will the CUD terminate the real covenant?
NO, it just makes it unenforceable in equity
(limits) can the court rewrite the restrictive covenant?
NO, its just enforced as written or NOT enforced
internal looking doctrine
look inside the restrictive neighborhood, not outside
problem w/owning a border lot
acts as a shield to neighborhood inside
can the court use the doctrine to adjust/change the covenant?
no. another reason why covenants need to be amended
(ex....old $55 to fix roads & roads now cost more)
"changing use has made it so it no longer makes sense to......"
Have to use land consistent w/ _____ & ____?
ZONING & Real covenants in force
says "house" & "victorian"
Does the changing use doctrine apply to easements??
NO! It applies to REAL covenant & Equitable servitudes
real covenants, changing use apply
Equitable servitudes, changing use apply