1What is a covenant?
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.
2What are the two types of covenants?
Affirmative covenants and restrictive covenants
3What is a restrictive covenant?
A restrictive covenant is a retraint on the use of a servient party's land.
4What is an affirmative covenant?
An affirmative covenant creates a duty for the servient landowner to do a specific thing.
5What is a dominant estate
A dominant estate is the land benefitted by the covenant.
6What is a servient estate?
A servient estate is the land burdened by the covenant.
7When a covenant is made between two parties, and one of the lands is transfered to another person, what is the threshold question posed for analysis?
Whether the covenant's burden or benefit runs with the land (aka, whether the conditions created would continue to bind transferees)
8Burden analysis for covenants
-Intent
-Notice
-Touch/Concern
-Horizontal Privity
-Vertical Privity
9Benefit analysis for covenants
-Intent
-Touch/Concern
-Vertical Privity
10Intent rule statement for benefit and burden analyses for covenants and equitable servitudes
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.
11Notice rule statement for benefit and burden analysis for covenants and equitable servitudes
Notice may be actual, record, or inquiry.
12Which type of notice should you discuss first if a covenant or equitable servitude was properly recorded
Record notice. If the record is screwed up, talk about other forms of notice like actual or inquiry
13What is horizontal privity?
Horizontal privity refers to the relationship between the original covenanting parties.
14What is vertical privity?
Vertical privity refers to the relationship between the original covenanting parties and new parties (their successors in interest). This never applies to adverse possession.
15True or false: Adverse possession is never vertical privity
True, adverse possession kills covenants.
16Touch and concern rule statement for covenants and equitable servitudes
Something that touches and concerns the land is something that refers to the land's use or occupancy
17What is an equitable servitude?
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.
18Equitable servitude burden analysis
-Intent
-Notice
-Touch/Concern
19Equitable servitude benefit analysis
-Intent
-Touch/Concern
20After doing a burden or benefit analysis for a covenant, how could you approach a burden or benefit analysis for an equitable servitude?
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)