Term
| Covenant - Burden to Run with Land |
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Definition
WITHN
Writing, Intent, Touches and Concerns the Land, Horizontal and Vertical Privity, Notice |
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Term
| Covenant - Benefit to Run with Land |
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Definition
WITV
Writing, Intent, Touches and Concerns the Land, Vertical Privity |
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Term
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Definition
Nexus between the original parties A and B
Requires succession of estate (grantor/grantee, landlord/tenant, mortgagor/mortgagee) |
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Term
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Definition
Nexus between A and A-1.
Simply requires some non-hostile nexus: contract, devise, descent |
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Term
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Definition
Promise to do or not do something related to land.
Can be restrictive/negative or affirmative.
Can run with land: Burden (WITHN) and Benefit (WITV) |
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Term
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Definition
A promise that equity will enforce against successors
Remedy: Injunction/Specific Performance
Equitable Defense: Changed Condition |
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Term
| Equitable Servitude - Creation |
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Definition
WITNES
Writing, Intent, Touch and Concerns the Land, Notice, Equitable Servitude
Note: Privity is NOT required |
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Term
| Implied Equitable Servitude |
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Definition
Common Scheme Doctrine
Court will imply a reciprocal negative servitude to hold the unrestricted lot holder to the restrictive covenant |
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Term
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Definition
AIR
Actual Notice: literal knowledge
Inquiry Notice: neighborhood conforms to restriction
Record Notice: recorded documents |
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Term
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Definition
AIR
Actual Notice: literal knowledge
Inquiry Notice: neighborhood conforms to restriction
Record Notice: recorded documents |
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Term
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Definition
AIR
Actual Notice: literal knowledge
Inquiry Notice: neighborhood conforms to restriction
Record Notice: recorded documents |
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