Restrictive Covenants III

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.


In this lesson, we’ll learn about some barriers to enforcement of real covenants and equitable servitudes. We’ll learn how covenants and servitudes can terminate, what defenses can be raised against enforcement, and what happens if a covenant or servitude conflicts with a zoning law.

For simplicity, we’ll use the term covenant to include both real covenants and equitable servitudes.

A covenant can terminate in several ways. The first is the passage of time. In many states, the duration of...