Explore the legal terms and concepts related to Real Covenants. Click on any term below to learn more about its definition and applications.
What is a real covenant?
A real covenant is a written promise to do, or not do, something on the land. It runs with the land.
How is an equitable servitude terminated?
An equitable servitude may be terminated by (1) written release, (2) merger, or (3) condemnation of...
What are the 5 equitable defenses against enforcement of an equitable servitude?
A CLUE Defenses to enforcement of an equitable servitude include: 1. Acquiescence 2. Change in Neig...
What is the remedy for breach of an equitable servitude?
The remedy for breach of an equitable servitude is an injunction.
When may an equitable servitude be implied?
They may be implied from a common scheme for development of a residential subdivision if the develop...
In assessing an equitable servitude, when will a benefit run with the land?
"I Touch" For a benefit to run with the land, there must be: (1) intent, and (2) touch and concern.
In assessing an equitable servitude, when will a burden run with the land?
"I Touch Noodles" For a burden to run with the land, there must be: (1) intent, (2) touch and conce...
What is an equitable servitude?
Equitable servitudes are covenants that equity will enforce against the assignees of the burdened la...
How may a covenant be terminated?
A covenant may be terminated by (1) written release, (2) merger, or (3) condemnation of the burdened...
In assessing real covenants, how will courts treat racially restrictive covenants?
Racially restrictive covenants are unenforceable.
Which covenants always run with the land?
Covenants that always run include covenants to pay money or not to compete.
In assessing whether a real covenant will run with the land, what is touch and concern?
The covenant must benefit or burden the use of the parcel.
In assessing whether a real covenant will run with the land, what is vertical privity?
A successor in interest to the covenanting party must hold the entire duration of interest held by t...
In assessing whether a real covenant will run with the land, what is horizontal privity?
When the promisor entered into the real covenant with the promisee, they must have shared some inter...
In assessing whether a real covenant will run with the land, what constitutes notice?
Notice may be actual, inquiry, or record notice.
In assessing whether a real covenant will run with the land, what constitutes intent?
Intent may be inferred from the circumstances or in the language in the conveyance (e.g., "heirs and...
What is required for a benefit to run with the land?
For a benefit to run with the land, there must be: (1) intent, (2) vertical privity, and (3) touch a...
What is required for a burden to run with the land?
"I Touch Very Hot Noodles" 1. Intent 2. Touch and Concern 3. Vertical Privity 4. Horizontal Privity...
How is an equitable servitude created?
Like real covenants, equitable servitudes are created by covenants contained in a writing that satis...
