Restrictive Covenants III
Finish your review of restrictive covenants with a discussion of when such covenants will be unenforceable, when obligations terminate, and equitable defenses to equitable servitudes.
Welcome to Unenforceability and Termination of Real Covenants and Equitable Servitudes!
In this clip, we’ll cover situations in which a court may decline to enforce the benefits and burdens of a real covenant or equitable servitude. We’ll begin by discussing several situations where a restrictive covenant is unenforceable either as a real covenant or as an equitable servitude, because the underlying obligations of the promise are terminated. These situations are: Merger; written release;...