Covenants

_____ notice is when you were made _____ of the covenant (writing or representation by the seller, attorney, or broker)

- Actual - aware

_____ notice is when covenant or restrictions are ______ and a reasonable search of land _____ would locate the deed or other documents.

- Constructive - recorded - records

_____ privity is instantaneous, covenant is created at the moment owner of one parcel _____ or _____ the other parcel. (DOES NOT include neighbors that already own the property making an ____ of K, but lacks H privity b/c K was not created when the lots where transferred AND any subsequent agreement by grantor and grantee, just do a straw transfer)

- Horizontal - sells or transfers - agreement - subsequent

_____ notice is when the _____of the premises would make a ______ purchaser ask about potential covenants (uniform pattern of residential development)

- Inquiry - condition - reasonable

_____of K gave rights only to those who were _____ of the original K, not ______ people.

- Privity - part - subsequent

_____ privity is when the original covenanting party _____ their interest in the land, and they may retain a _____interest in the property. It is _____ meaning it includes leases and full transfers (sale, foreclosure, inheritance)

- Vertical - transfers - future - relaxed

Neponsit case is also our example case for touch and concern. Can a foreclosure sale satisfy relaxed vertical privity?

- Yes

An obligation touches and concerns (1) the Burden estate if it _____ the _____ and _____ of the land. (2) a dominant estate (benefit side) if it _____ of that land or _____ its _____.

- affects, use , enjoyment - improves enjoyment, increases, market value

Intent that Restriction Run with the Land (1) needed to be _____ meaning stated or known and (2) _____ if appurtenant meaning if it _____ some other land

- explicit - presumed - benefits

A covenant by estoppel is when there is a ______ promise that a covenant exists. This is a remedy to the "writing step"

- fraudulent

Equitable Servitude is an _____ or _____ on land, enforceable in equity, that takes the form of a ______ or ______ on the landowner. The remedy for violation is typically an _____ requiring the defendant to comply with the terms of the promise.

- obligation - encumbrance - burden - restriction - injunction

A covenant is a _____ on use of land (Promisor/ burdened and servient estate) or _____ regarding land held by one who does _____ the land (promissee/ benefitted and dominant estate).

- restriction - obligations - not own

What happens when you transfer the land? Ask yourself 2 _____ questions did the ______ of the covenant run to R3 and did the ______ of covenant run to R2 (_____ with the land). Next, ask what type of ______ you are seeking.

- separate - benefit - burden - running - remedy

What are the 3 types of notice required?

1. Actual 2. Inquiry 3. Constructive

What are the 3 different writings that will comply with the statute of frauds? in each case the writing has to be ____ by the _____.

1. Covneyance Document (e.g. Deed) 2. Plat, or 3. Declaration of Restricitons - signed - grantor

What are the 3 limits to negative easements?

1. rights to lateral support of one's building 2. Rights to free flow of light and air 3. Rights to water from an artificial stream.

If the remedy sought is an injunction you need these 4 things

1. writing complying w SOF 2. intent 3. Notice (C / I / A) 4 touch and concern

If the remedy sought is damages you need these 4 things.

1. writing complying w SOF 2. intent 3. Privity (H o V) 4 touch and concern

Neponsit case is the example for "intent that restriction ran with the land." What did the deed and covenant say?

The deed stated "for purposes of intent, covenants shall run with the land" The covenant was promise of purchaser to pay an annual charge that "shall be devoted to the maintenance of the roads, paths, parks, beach, sewers and such other public purposes as shall from time to time be determined"

The Kotseas case is our example of privity; the question was whether there was relaxed or strict vertical privity b/c if there was they could sue for _____. B/c the transfer was lease they were wanting relaxed vertical privity.

damages