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25 Cards in this Set

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  • Back
Give the right to restrict someone else's usue of their land.
What are the two categories of restrictive covenants?
1. Covenants at law (at law)
2. Equitable servitude (in equity)
If a plaintiff wants money damages, what is the restriction?
Covenant at law
If the plaintiff wants an injunction?
It is an equitable servitude
(Plaintiff wants damages - enforced at law)
What are the 4 requirements for a covenant to run with the land at law?
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.
What are the 2 kinds of privity?
1. Horizontal privity
2. Vertical privity
Horizontal privity?
Always refers to the original parties to the covenant.
Must have a conveyance of the property between the original parties.
Vertical privity?
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.
How to know on exam what kind of privity is needed?
1. Find the successor in interest
2. Burden analysis
3. Benefit analysis
First step-successor in interest
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.
Burden analysis?
For the burden to run against a SII, there must be both horizontal and vertical privity.
Benefit analysis
For the benefit to run in favor of a successor-in-interest, you need only vertical privity.
If SII is a D...
then for P to get damages, the burden must run and you need both horizontal and vertical privity.
If D is not a SII...
then for the benefit to run to a successor in interest P and let P get damages, need only vertical privity.
Plaintiff wants an injunction. Enforced in equity.
To enforce an equitable servitude, you need...?
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.
Mutual rights of enforcement - also called reciprocal negative servitudes.
What are the 2 requirements for this?
1. Intent to create a servitude on all the land in the subdivision
2. Notice
What are the 3 ways to get notice?
1. Actual notice
2. Record notice
3. Inquiry notice: meaning that you are held to know anything that a reasonable inquiry might have revealed.
Only for equitable servitudes
What are the equitable defenses to enforcement?
1. Unclean hands
2. Acquiescence
3. Laches
4. Estoppel
Intro card
How can termination be done?
By release or by unity of ownership but, ON EXAM, look for termination by changed conditions!
What's the all or nothing rule?
You can't void a restriction because of changed conditions in the area unless ALL LOTS in the subdivision are affected.