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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Cora Can Enforce the Benefit of an Equitable Servitude
To enforce the benefit of an equitable servitude, there must be a writing that satisfies the statute of frauds. Equitable servitudes are a type of covenant enforced in equity through injunctive relief. Although richard's deed did not contain the covenant, as a purchaser, he would likely perform a title search,. Therefore, the last element to enforce the burden of the covenant, notice is likely satisfied. Because the remedy is an injunction, richard would be required to pay the annual fee for the security feature.
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