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Flashcards in Real Covenants Deck (20):
1

Covenants

a promise to do or not do something related to land, similar to a contractual restriction

2

Restrictive Covenants

Promise to refrain from doing something related to the land

3

Affirmative Covenant

A promise to do something related to the land. Parlance one tract is burdened and another tract is benefitted because of the given promise

4

When will the covenant run with the land?

When it is capable of binding successors. It is harder for burdens to run than for benefits to run

5

When does a covenant become a real covenant?

When it is capable of binding immediate users and binding successors

6

Elements for the burden to run with the land

1. Writing, original promise must be written
2. Intent for covenant to run with the land
3. Touch and concern the land - the promise must affect the parties as landowners and not simply as members of the community at large
4. Horizontal and Vertical Privity
5. Notice A1 must have notice of the promise when she took

7

Horizontal Privity

connection between the original parties where A 7 B enjoy a grantor/grantee, landlord/tenant or mortgagor/mortgagee relationship OR share some other servitude.

**Hard to establish

8

Vertical Privity

the nexus between A and A1. Requires non-hostile connection.

ABSENT if took by adverse possession

9

Vertical Privity

the nexus between A and A1. Requires non-hostile connection.

ABSENT if took by adverse possession

10

Standing

Proving that the benefit runs from B to B1

11

Elements for Standing

1. Writing
2. Intent
3. Touch and Concern of the land
4. Vertical provity

12

What is the difference between a covenant and an equitable servitude?

Remedy for covenant is money.
Remedy for equitable servitude is an injunction

13

What is the difference between a covenant and an equitable servitude?

Remedy for covenant is money.
Remedy for equitable servitude is an injunction

14

Equitable Servitudes

A promise that equity will enforce against successors

15

To create binding Equitable Servitudes

1. Writing
2. Intent
3. Touch and Concern
4. Notice

**Privity is not needed to bind successors

16

Implied Equitable Servitude

1. when the sales began, the subdivided had a general scheme of development which included D's lot
2. the D lot holder had notice of the promise contained in those prior deeds

17

3 Forms of notice that D should know Implied Equitable Servitude

1. Actual Notice
2. Inquiry, constructive notice, neighborhood conforms to a common restriction "the lay of the land"
3. Record Notice

18

Doctrine of Changed Conditions

Equitable Servitudes may be terminated when change has so affected the given area as to render the purpose of that servitude moot

19

Touch and concern the land

the promise must affect the parties as landowners and not simply as members of the community at large

20

Third Restatement

no privity requirements for benefits and burdens running with the land covenants