Property - Covenants

Card Set Information

Author:
Neesters
ID:
161595
Filename:
Property - Covenants
Updated:
2012-07-09 12:09:51
Tags:
Property Covenants
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Description:
Property - Covenants
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  1. Real Covenant
    Written promise to do something (or not do) on land.

    • Must be:
    • In writing
    • For consideration
    • Acknoledged
  2. 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) 
  3. Equitable Servitude
    = Covenant that equity will enforce if there is notice

    Injunction or specific performance requires equitable servitude
  4. 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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