Real Property - Restrictive Covenants

Equitable defenses to equitable servitude

Changed circumstances so pervasive

Common scheme doctrine

Court will imply reciprocal negative servitude to hold an unrestricted lot holder to promise if subdivider had general scheme re residential development including the lost and the lot holder had notice of the promise contained in the prior deed

Restrictive covenant

Promise not to do something re land

Equitable servitudes

Promise that equity will enforce against successors

Covenant

Promise to do or not do something re land

Affirmative covenant

Promise to do something re land

Creation of equitable servitude

Writing, intent to run, touch and concern land, notice

Requirements for Burden of Covenant to Run

Writing, intent to run, touch and concern the land, notice to subsequent landowner, horizontal and vertical privity

Requirements for Benefit of Covenant to Run with Land

Writing, intent to run, touch and concern the land, notice to subsequent landowner, vertical privity

Notice for common scheme doctrine

Actual notice (literal knowledge of promise in prior deeds), inquiry notice (neighborhood conforms to common restriction), record notice (constructive notice based on public records)