Term
|
Definition
| A promise to do or not to do something |
|
|
Term
| What is an Affirmative Covenant? |
|
Definition
| A promise to do something |
|
|
Term
| What is a Negative Covenant? |
|
Definition
| A promise not to do something |
|
|
Term
| What is a 3rd Party Beneficiary? |
|
Definition
| A common grantor makes a covenant with the servient property owner to further the purposes of a common plan (i.e. in a residential development). If the covenant is broken, neighboring properties benefiting from covenant may sue to enforce covenant. |
|
|
Term
| What is an Implied or Reciprocal Covenant? |
|
Definition
| If a common grantor puts a covenant, generally to further a common plan, in several deeds, but not in one, covenant is implied. |
|
|
Term
| What is a Covenant in Gross? |
|
Definition
| Where an original party to the covenant owns no land involved in covenant. |
|
|
Term
| What are the elements of Running of the Burden/Benefit? |
|
Definition
- Intent
- Notice
- Touch or Concern
- Vertical Privity
- horizontal Privity - only required for Running of the Burden at Law
|
|
|
Term
|
Definition
| Parties must intend covenant to run with the land, not the person |
|
|
Term
|
Definition
| Actual, Constructive, or Inquiry |
|
|
Term
What does it mean to Touch or Concern the land?
(Tests) |
|
Definition
Legal Rights Test: Covenant must affect the legal rights of the landowners
Use or Enjoyment Test: Covenant must affect the use or enjoyment of the land
Reasonable Relationship Test: A reasonable relationship must exist between the benefit and burden of the covenant |
|
|
Term
| What is Privity of the State? |
|
Definition
| When both horizontal and vertical privity exist |
|
|
Term
| What is horizontal privity? |
|
Definition
- Where the covenant is made during a change in the property interest
- Traditionally between Landlord and Tenant but has been expanded
|
|
|
Term
| What is Vertical Privity? |
|
Definition
| Covenant made when property succeeds (will, deed, etc.) to new owner |
|
|
