Property: Covenants and Equitable Servitudes

A covenant is a promise concerning the use of land that benefits and burdens both the original parties to the promise and their successors. It must comply with the Statute of Frauds, meaning it has to 1) be in a writing, 2) that describes what the covenant is, and 3) is signed by the parties to the covenant.

Affirmative covenants and restrictive covenants

A restrictive covenant is a retraint on the use of a servient party's land.

An affirmative covenant creates a duty for the servient landowner to do a specific thing.

A dominant estate is the land benefitted by the covenant.

A servient estate is the land burdened by the covenant.

Whether the covenant's burden or benefit runs with the land (aka, whether the conditions created would continue to bind transferees)

-Intent
-Notice
-Touch/Concern
-Horizontal Privity
-Vertical Privity

-Intent
-Touch/Concern
-Vertical Privity

Intent refers to what the original grantor and subsequent grantors intended, or in other words, whether the grantors wanted the covenant to last indefinitely for later grantees.

Notice may be actual, record, or inquiry.

Record notice. If the record is screwed up, talk about other forms of notice like actual or inquiry

Horizontal privity refers to the relationship between the original covenanting parties.

Vertical privity refers to the relationship between the original covenanting parties and new parties (their successors in interest). This never applies to adverse possession.

True, adverse possession kills covenants.

Something that touches and concerns the land is something that refers to the land's use or occupancy

Like a covenant, an equitable servitude also refers to a promise concerning the use of land that benefits and burdens both the original parties to the promise and their successors. However, the remedy for breach is an injunction.

-Intent
-Notice
-Touch/Concern

-Intent
-Touch/Concern

To save time and word count, you can just refer to the same analyses you mentioned in the covenant analysis, since they include the same elements (ES just has less elements)