Covenants Running Wt The Land At Law ( Real Covenants)

Front 1

Real Covenant

Back 1

I real covenant is written promise to do something or not to do something on the land. Real covenants run with the land and subsequent owners can enforce.

Front 2

Requirement to burden to run

Back 2

Intent- The covenanting parties must have intended for the parties to run with the land. The intent can be inferred by circumstance. BUt is found in the language
notice- has to have acualy, inquiry and record notice of the arrangement of purchase (only for purchase for money) a non for value holder does not have to have notice.
horizontal privity- at the time the promisor entered into the covenant with promisee the two must have shared some interest in the land independent of the covenant (only to the original parties)
vertical privity - to be bound the successor in interest to the covenatntingparty use hold the entire durational interest held by the coventaor at the time he made the covenant
Touch and Concern - negative covenant touch and concern the land if they restrict the holder of the servant estate in his use of that parcel of land. Affirmitive covenena touch and concern the land if they require the holder of the servant estate do something which increases his obgligatio

Front 3

Requirement or Benefit to run

Back 3

intent - parties must have intended for the interest to run
vertical privity - The benefits of a covent to run to the assignees of the original setae or any lesser setae. any succeeding party can enforce it.
touch and concern - it touches and concerns if the promised perforce benefits the convntee and her successor in their use and enjoyment of the land

Front 4

Specific Situation involving with real covent

Back 4

promises to pay money to be used in connection with the land and covenant not to compete run with land. Racially retricive will not be enforced.

Front 5

Remedy - Damges only

Back 5

a breach of real covenant is award from money damages.

Front 6

Equitable Servitudes

Back 6

is an covenant that will be enforced is even eif does not not run with the land if the assignees had notice of it. Usually remedy is an injection.

Front 7

Creation of equitable servitudes

Back 7

generally created in writing satisfied by SOF. there is one exception they will be implied form common scheme for develeplemt of residential subdivision. IF the developed divides the land and some deeds contain the covenant but other dont then it will be binding on all parches provided that ether was a common scheme dan notice and notice to all covenants.

Front 8

Common scheme.

Back 8

A reciprocal negative servitude will be applied if the developer had plan that ll parched would be subject to restriction. The scheme will be evidenced by 1. recorded plat. 2. general patter of restriction 3. oral resprestnaion to early buyers.

Front 9

Notice of ES.

Back 9

actual
inquire
record

Front 10

REquirement for burden to run with the land in ES.

Back 10

the coveting party intended that the serviette be enforced
there was notice
and the covenant touches and concern sthe land.

Front 11

Requirement for the benefit to run

Back 11

a. inent
servitude touches and concerns the land.

Front 12

Equitable defenses to enforcement

Back 12

Unclean hand
the benefited party acquiesced in violation of the servitude by the one burdened party
the benefited party acted that would lead a reasonable person to believe that the property was abandoned.
latches
substaial change to the neighborhood.

Front 13

termination

Back 13

a. written release
b. merger
c. condemnation

Front 14

Party walls and common driveways

Back 14

courts will create walls erected on join landowner belting to each owner to the event it rests upon her land and mutual cross easement of support. NEighter party can unilaterally destroy
writing is required. PArty walls and driveway can be from implication and prescription
if there is a mutual agreement to repair and uphold the land it will run as a covenant