Property: Restrictive Covenants

Front 1

Restrictive covenants

Back 1

Give right to restrict someone else's use of their land.

Front 2

2 categories of restrictive covenants

Back 2

1) Covenants at law. Plaintiff wants money damages.

2) Equitable servitudes. Plaintiff seeks injunction

Front 3

4 requirements for covenants running with the land at law

Back 3

1) Intent that it run with the land

2) Notice to person against whom enforcement is sought

3) Covenant must touch and concern land (make more valuable/useful); covenants not to compete DO touch and concern land

4) Privity: property conveyance between parties

Front 4

Horizontal and Vertical privity

Back 4

Horizontal privity: original parties to covenant.

Vertical privity: those who subsequently obtained property subject to covenant (successor-in-interest) and original party from whom they got property. StiII must take full estate of party up the line.

Front 5

What kind of privity needed for a covenant running with the land?

Back 5

Find the successor-in-interest in the problem.

1) If he's the D, someone trying to have burden of covenant run to him. Need horizontal and vertical privity.

2) If he's the plaintiff, someone's trying to have benefit of covenant running to him. Need only vertical privity.

Front 6

Requirements for equitable servitudes (mutual rights of enforcements/reciprocal negative servitudes?)

Back 6

1) Intent that restriction be enforceable by successors-in-interest;
2) Notice to subsequent purchaser; and
3) Restriction must touch and concern the land

** No privity required

Front 7

Requirements of equitable servitudes in subdivisions (same in commercial and residential)

Back 7

1) Intent to create a servitude on all land in subdivision (often in common building plan)

2) Notice* [Actual; Record/Constructive- in direct chain of title; Inquiry- reasonable]

Front 8

If a recorded subdivision has land marked as city parkland and that can be construed as a dedication of land to the city for a park, who can enforce it?

Back 8

The city.

Front 9

Equitable defenses to enforcement (only for equitable servitudes)

Back 9

1) Unclean hands (P did same thing as D)
2) Acquiescense (P let neighbor on other side do same thing)
3) Laches (P sat idly while D acted; only now after D's finished does P complain)
4) Estoppel (P said earlier she didn't mind if D acted)

Front 10

Termination of equitable servitudes in subdivisions

Back 10

1) Release
2) Merger
3) **Termination by changed conditions-->ALL lots