Property Law · Exam Prep

Real Covenants Exam Prep

A concise guide to understanding real covenants for law school exams, including key rules and common scenarios.

Overview

Real covenants are promises about land use that bind successors to the original parties of the covenant. These legal constructs are created to benefit or burden the land involved, thereby affecting subsequent owners. Understanding how real covenants function requires knowledge of the elements necessary for their enforceability and the distinctions between real covenants and equitable servitudes.

When preparing for exams, students must grasp the significance of both the intent of the parties and the applicable jurisdictional requirements for the creation, enforcement, and modification of real covenants. Students should also study how real covenants can run with the land and the defenses available against their enforcement. Case law and statutory provisions play pivotal roles in understanding the nuances of real covenants, making it crucial for students to analyze relevant precedents and their applications in hypothetical situations.

Key Rules to Memorize
  1. A real covenant must be in writing and intended to run with the land.
  2. For a real covenant to be enforceable against successors, the original parties must have intended the covenant to bind future owners.
  3. The burden of a real covenant runs with the land if the original parties had horizontal and vertical privity.
  4. The benefit of a real covenant runs with the land if the original parties had intent, vertical privity, and the benefit touches and concerns the land.
  5. A real covenant is enforceable in action for damages or injunction, based on breach.
Common Issue Spotters

Whether the original parties intended for the covenant to run with the land.

Determining the presence of horizontal and vertical privity between the original parties and their successors.

Evaluating if the benefit/burden of the covenant touches and concerns the land.

Considering potential defenses against enforcement, such as abandonment or changed circumstances.

Model Answer Approach

When addressing a hypothetical about real covenants, begin by identifying the nature of the promise made between the parties and whether it was intended to run with the land. Analyze if the original intent and required privity conditions (both horizontal and vertical) are satisfied for the burden to be enforceable against successors.

Next, determine if the benefit of the covenant touches and concerns the land, thereby benefiting subsequent owners. Significant attention should be paid to whether the successors had notice of the covenant at the time of acquisition, which can impact enforceability. Conclude by discussing potential defenses that may absolve a party from compliance with the covenant, citing relevant cases to support your analysis.

Lastly, maintaining clarity and logical flow in your answer will enhance your credibility as a responder. Discuss the legal implications of each element as you address each relevant issue.

Mnemonics
  • HINTS - (Horizontal privity, Intent, Notice, Touch and concern, Successors) - to remember the requirements for the burden to run.
Common Pitfalls
  • Confusing real covenants with equitable servitudes, as they have different legal requirements.
  • Failing to address both horizontal and vertical privity when determining if a burden runs with the land.
  • Neglecting to analyze whether the covenant benefits the land and not merely the original parties.
  • Overlooking potential defenses that may be raised against enforcing the covenant.

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