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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How Will the Court Rule on Andrew's Claim?
A covenant is non possessory interest in land that obligates the holder to either do something or refrain from doing something. To enforce a burden, there must be all the elements needed for a benefit, plus horizontal privity between the original parties and notice of the covenant to the new owner. The lease contained a clause limiting leo from opening another restaurant within five miles. Leo will likely argue that there is nothing within the lease that specifies intent to run with the land.
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