All flashcards
215 cards
1In general, what is a nonpossessory interest in real property?
2What is a real covenant?
3What is an equitable servitude?
4What is a negative covenant?
5What is an affirmative covenant?
6What is the difference between the remedy for violating a real covenant and the remedy for violating an equitable servitude?
7Does contract law or property law generally govern the enforceability of a real covenant between the original parties?
8A homeowner promised her neighbor that she would not use her property for commercial purposes. The parties memorialized the promise in a written contract. Two months later, the homeowner decided to build a commercial aquarium on her land. The neighbor sued the homeowner, seeking an injunction to halt the planned construction before it began. Will the court interpret the written contract as an equitable servitude?
9What are the six requirements for the burden of a real covenant to run with the land and thus be enforceable against an obligor’s successor in interest?
10What is the primary difference between a dominant tenement and a servient tenement?
11What is required for a real covenant to be enforceable by a successor in interest to the original obligee?
12What are the requirements for an equitable servitude to be enforceable by and against the successors in interest to the original parties?
13Does language of successorship generally indicate that the original parties to a real covenant or equitable servitude intended for it to run with the land?
14In general, does permanence of obligation indicate that the original parties to a real covenant or equitable servitude intended for it to run with the land?
15Will intent for an equitable servitude to run with the land be inferred if the original covenant was part of a general plan of development involving multiple parcels of land?
16What does it mean to say that the burden or benefit of a real covenant or equitable servitude touches and concerns the land?
17What does it mean to say that the original parties to a real covenant were in horizontal privity?
18What is vertical privity?
19In general, under what circumstances will the servient tenement’s owner be deemed to have adequate notice of a restrictive covenant?
20A musician and a librarian were neighbors. While talking one evening, the musician orally stated to the librarian that he would refrain from playing loud music on his property after midnight. Is the oral agreement between the musician and the librarian an enforceable real covenant?
21What is an implied reciprocal servitude?
22In the context of an implied reciprocal servitude, what six factors generally signal a uniform plan of development?
23In the context of real covenants and equitable servitudes, what is abandonment?
24In the context of real covenants and equitable servitudes, what is acquiescence?
25In the context of real covenants and equitable servitudes, what is laches?
26In the context of real covenants and equitable servitudes, what is the doctrine of unclean hands?
27Is a real covenant that prohibits the use or enjoyment of real property by a person of a particular race enforceable?
28A developer created a common-interest community, subject to a real covenant. The covenant required that the architectural plans for every proposed building within the community be approved by an architectural-review committee.Will a court enforce the covenant?
29A developer purchased a piece of property and subdivided it into 50 parcels. The deeds by which the developer conveyed parcels 1-48 contained a covenant limiting the use of each parcel to residential use only. After residential houses had been built on the first 48 lots, the developer sold parcels 49 and 50. Neither deed contained a written restriction limiting the use of the parcels to residential purposes. The purchasers of parcels 49 and 50 wanted to use their respective properties for commercial purposes. The purchasers of parcels 1-48 took umbrage and sued to enjoin the purchasers of parcels 49 and 50 from making the intended commercial use, out of an expressed desire to preserve the residential character of the subdivision. Will the plaintiffs succeed?
30For purposes of a real covenant running with the land, what does it mean for the burden to touch and concern the land?
31What is horizontal privity, as related to the determination of whether the burden of a real covenant runs with the land?
32A grantor owned a property in fee simple absolute. The grantor executed a deed conveying the property in fee simple absolute “to my daughter, but my daughter hereby covenants and agrees that she will never permit commercial business of any kind to be conducted on the property. This covenant runs with the land.” The daughter subsequently leased the property to her friend for a three-year term. Two years into the term, the friend opened a commercial space on the property, and the grantor sued the friend for damages based on breach of the covenant. Will the grantor’s suit be successful?
33In the context of real covenants and equitable servitudes, what is the merger doctrine?
34Can the owner of the dominant estate terminate a real covenant or equitable servitude by executing a written release?
35Do many jurisdictions limit the duration of real covenants and equitable servitudes by statute?
36Can a real covenant or equitable servitude terminate by its own terms?
37What is the doctrine of changed conditions?
38If a servient estate is condemned by the government through eminent domain, will any real covenants or equitable servitudes attached to the servient estate survive the condemnation?
39If a plaintiff seeks to enforce an equitable servitude, what are the three elements a defendant must satisfy to raise a successful defense of estoppel?
40A teacher and a businessman owned adjacent plots of land in fee simple absolute. Years ago, the businessman granted the teacher a real covenant stating that the businessman promised not to use his plot for commercial purposes. Recently, the businessman agreed to sell his land to the teacher in fee simple absolute. Once the sale is complete, will the real covenant continue to exist?