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Neesters
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Real Covenant
Written promise to do something (or not do) on land.
- Must be:
- In writing
- For consideration
- Acknoledged
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Covenant - Enforceable
- Touches and concerns the land
- intended to run with the land
- privity of estate (only for burden to run)
- (notice for burdened land in equity)
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Equitable Servitude
= Covenant that equity will enforce if there is notice
Injunction or specific performance requires equitable servitude
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Equitable Servitude impled from a common scheme
- When a developer subdivides a land into several parcels and some have negative covenants and others do not, covenants or equitable servitudes may be implied under the doctrine of reciproval negative serivitudes if:
- (1) a common scheme exists
- and (2) there is notice (actual, record, or inquiry) or the covenants
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