317: Listen and Learn -- Covenants (Real Property)
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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The Elements Required to Enforce Covenants and Equitable Servitudes
To enforce the benefit of a covenant there must be, one, a writing that satisfies the statute of frauds. Two, intent that the covenant run with the land. Three, vertical privity. And four, the covenant must touch and concern the land. Equitable servitudes are non possessory interests in land, like covenants, but the remedy is injunctive relief instead of damages. The elements might sound lengthy, so let's apply them through a hypothetical to show how they would come up on an exam. We'll start with a simple hypothetical, adapted from the california bar exam.
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