Real Property

Front 1

What do RESTRICTIVE COVENANTS do?

Back 1

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

Front 2

What are the two categories of restrictive covenants?

Back 2

1. Covenants at law (at law)
2. Equitable servitude (in equity)

Front 3

If a plaintiff wants money damages, what is the restriction?

Back 3

Covenant at law

Front 4

If the plaintiff wants an injunction?

Back 4

It is an equitable servitude

Front 5

COVENANTS RUNNING WITH THE LAND AT LAW

Back 5

(Plaintiff wants damages - enforced at law)

Front 6

What are the 4 requirements for a covenant to run with the land at law?

Back 6

1. Intent that it run with the land
2. Notice to the person against whom enforcement is sought
3. The covenant must touch and concern the land
4. Privity- a conveyance of the property from one party to another.

Front 7

What are the 2 kinds of privity?

Back 7

1. Horizontal privity
2. Vertical privity

Front 8

Horizontal privity?

Back 8

Always refers to the original parties to the covenant.
Must have a conveyance of the property between the original parties.

Front 9

Vertical privity?

Back 9

Refers to those who subsequently obtain the property subject to the covenant(successor in interest) and the original party from whom they got the property.
For vertical privity, the successor in interest must take the full estate of the one up the line.

Front 10

How to know on exam what kind of privity is needed?

Back 10

1. Find the successor in interest
2. Burden analysis
3. Benefit analysis

Front 11

First step-successor in interest

Back 11

If SII is the D, then someone is trying to have the burden of the covenant run to that successor.
If the SII is the P, then that person is trying to have the benefit of the covenant run to them.

Front 12

Burden analysis?

Back 12

For the burden to run against a SII, there must be both horizontal and vertical privity.

Front 13

Benefit analysis

Back 13

For the benefit to run in favor of a successor-in-interest, you need only vertical privity.

Front 14

If SII is a D...

Back 14

then for P to get damages, the burden must run and you need both horizontal and vertical privity.

Front 15

If D is not a SII...

Back 15

then for the benefit to run to a successor in interest P and let P get damages, need only vertical privity.

Front 16

EQUITABLE SERVITUDES

Back 16

Plaintiff wants an injunction. Enforced in equity.

Front 17

To enforce an equitable servitude, you need...?

Back 17

1. Intent that restriction be enforceable by successors-in-interest.
2. Notice to the subsequent purchaser
3. Restriction must touch and concern the land
No privity is required.

Front 18

EQUITABLE SERVITUDES IN SUBDIVISIONS

Back 18

Mutual rights of enforcement - also called reciprocal negative servitudes.

Front 19

What are the 2 requirements for this?

Back 19

1. Intent to create a servitude on all the land in the subdivision
2. Notice

Front 20

What are the 3 ways to get notice?

Back 20

1. Actual notice
2. Record notice
3. Inquiry notice: meaning that you are held to know anything that a reasonable inquiry might have revealed.

Front 21

EQUITABLE DEFENSES TO ENFORCEMENT

Back 21

Only for equitable servitudes

Front 22

What are the equitable defenses to enforcement?

Back 22

1. Unclean hands
2. Acquiescence
3. Laches
4. Estoppel

Front 23

TERMINATION

Back 23

Intro card

Front 24

How can termination be done?

Back 24

By release or by unity of ownership but, ON EXAM, look for termination by changed conditions!

Front 25

What's the all or nothing rule?

Back 25

You can't void a restriction because of changed conditions in the area unless ALL LOTS in the subdivision are affected.