Property Final Covenants

Question 1

Breach of Contract Plaintiff must establish

Answer 1

The existence of an enforceable promise

Is plaintiff (A) entitled to benefit of promise

Is defendant (B) obligated to perform promises?

Breach

Damages (or other requested relief)

Question 2

Covenants - Contract Law

Answer 2

Privity of contract
(Contractual relationship)

Question 3

Covenants - Property Law

Answer 3

Privity of contract and Privity of estate

Relationship with the property

Question 4

Negative covenant

Answer 4

A promise that restricts the rights of a party to do something on the land
B promises A:
B Will not build more than 2 stories on Lot B

Question 5

Affirmative Covenant

Answer 5

A promise that
B promises A
B will maintain the stone wall on Lot b

Question 6

Real covenants (benefits and burdens run with the land if:
Elements

Answer 6

-Enforceable Covenant
-Writing
-Notice
-Intent to Create
-Touch and Concern
-Privity of Estate
-Remedy

Question 7

Real covenants (benefits and burdens run with the land if:
Enforceable Covenant

Answer 7

Affirmative or Negative Covenant (classified as real covenant or personal covenant)

Question 8

Real covenants (benefits and burdens run with the land if:
Writing

Answer 8

Yes, Statue of Frauds

Real covenants are interest in real property, therefore covenants are subject to the statute of frauds

Real covenants are encumbrances - a third party has the right to restrict what a landowner can do with his/her land

Question 9

Real covenants (benefits and burdens run with the land if:
Notice

Answer 9

Yes - Covenants are interest in real property and are “conveyances” under the recording statute. Therefore, to be enforceable against a BFP needs to be recorded to provide record notice

Question 10

Real covenants (benefits and burdens run with the land if:
Intent to Create

Answer 10

Yes, Express or Implied
Intent to create a real covenant

Intent to have a covenant that binds future owners. Parties might want to promise to remain “personal”

Tenants promise to pay rent v tenant provides 10% at store

Looking for language such as “successors and assigns”; the owner of Lot A; statements that it is a real covenant or that it “runs”. Could also be implied

Question 11

Real covenants (benefits and burdens run with the land if:
Touch and Concern

Answer 11

Yes, Real Covenant vs Personal Covenant
Basically, is this a real property covenant or something else (widgets, etc).

Neponsit test: does covenant make benefited Lot more valuable and burdened Lot less valuable

Question 12

Real covenants (benefits and burdens run with the land if:
Privity of Estate

Answer 12

Horizontal privity: relationship between covenantor and covenantee - the Nexus between the originally covenanting parties, A and B. It requires that A and B, at the time the promise was made, were in “succession of estate”(i.e., the parties to the original promise)

Vertical Privity: voluntary transfer of title or possession. (non-hostile relationship between transfer and successor) (i.e., the remote grantees of the covenantor and covenantee - the future owners of the land that either benefit from the covenant or are burdened by the promise

Question 13

Real covenants (benefits and burdens run with the land if:
Remedy

Answer 13

Money damages and/or injunction-Equitable Remedy

Question 14

Touch and Concern (2)

Answer 14

A covenant which runs with the land must affect the legal relations–The advantages and the burdens–of the parties to the covenant, as owners of particular parcels of land and not merely as members of the community in general

Does the covenant impose, on the on hand, a burden upon an interest in land, which on the other hand increases the value of a different interest in the same or related land

If the covenantor’s legal interest in land is rendered less valuable by the covenant’s performance, then the burden of the covenant satisfies the requirement that the covenant touch and concern land. If, on the other hand, the covantee’s legal interest in land is rendered more valuable by the covenants performance, then the benefit if the covenant satisfies the requirement that the covenant touch and concern land

Question 15

Future covenant of Quiet Enjoyment in Deed Privity of Estate definition

Answer 15

Privity of Estate is the voluntary transfer of title and/or possession (used in tacking with Adverse Possession also)

Question 16

Touch and Concern ChatGPT

Answer 16

A covenant “touches and concerns” land if it directly affects the value or use of the land for either party—negatively for the covenantor (burden) or positively for the covantee (benefit).