chapter 12

Question 1

Real covenants in law

Answer 1

promises or agreements related to the use or condition to a piece of property

Question 2

Burden of covenants to run with the land under common law

Answer 2

1.)SOF
2.)Intent
3.)Touch + concerns
4.)Vertical privity
5.)Horizontal Privity

Question 3

Burden of covenants intent requirement (common law)

Answer 3

the original party must have intense for the successor to be bound.

Question 4

Burden of covenants touch and concern requirement (common law)

Answer 4

Must relate to the property itself,A covenant touches and concerns the land if it restricts the promisor’s rights to the land, or if it decreases the value of the land.

Question 6

Real covenants in Law

Answer 6

promises or remedies related to the use or condition to a piece of property.

Question 7

Burden of the Covenants to run with the land

Answer 7

these elements must be satisfied under common law (SIPT)
1.)SOF
2.)Intent
3.)Horizontal + Vertical Privity
4.)Touch and Concern

Question 8

Vertical Privity

Answer 8

The promissory must have transferred the entire estate to the successor.

Question 9

Horizontal privity

Answer 9

landlord-tenant relationship; grantor-grantee relationship; Assignor-assignee relationship
Horizontal privity-if the covenantor and covenantee created the covenant in connection w/a conveyance of an estate from one to the other

Question 10

Remedy for equitable servitude

Answer 10

remedy is equitable relief, such as a lien or foreclosure on lease

Question 11

Covenatns in gross

Answer 11

personal covenant that does not run with the land

Question 12

Termination of covenants

Answer 12

PLACE
1.)Public policy consideration
2.)Laches
3.)Abandonment
4.)Changed neighborhood
5.)Estoppel Estoppel

Question 13

Equitable estoppel

Answer 13

concerning misleading conduct that concerns, misleading conduct, reliance, and injury