Property Law Covenants Worksheet

A owns Blackacre. A decides to subdivide Blackacre and sell off the middle portion to B, retaining the property on the eastern side of B as well as that on the western side of B's new land. The original property is bordered on the east by a highway and on the southeastern border by a lake. A wants to continue his access to both of these areas from his home west of B's land, rather than having to drive around the northern border which is a much longer route. B agrees, but in exchange. A promises B that he will fix D's boat which is docked near B's property. These covenants are recorded on the respective deeds. A later sells the land to C. Which of the following is true regarding whether B can enforce the boat repair covenant against C.

• B cannot enforce the promise against C.

• B can enforce the promise against C as an equitable servitude.

• B can enforce the promise against C as a real covenant that runs with the land.

• None of the above স্তর

A requirement to maintain property can be enforced through successive owners:

• through a real covenant that runs with the land.

• through a license.

• It cannot be enforced.

• All of the above.

O, owner of a four acre parcel divided and conveyed two acres to A, keeping the other two acres for herself. The deed, properly recorded, includes mutual covenants by O, her heirs and assigns, and by A her heirs and assigns, that both the conveyed and retained properties will be used for residential purposes only. If O conveys the retained parcel to B for valuable consideration, which of the following is most accurate?

• B is bound by the restrictive covenant.

• B is not bound by the restrictive covenant, because there was no horizontal privity of estate.

• B is not bound by the restriction, because there was no vertical privity of estate.

• B is only bound by the restriction if A, in fact, used her property for residential purposes.

O, owner of a four acre parcel divided and conveyed two acres to A, keeping the other two acres for herself. The deed, properly recorded, includes mutual covenants by O, her heirs and assigns, and by A her heirs and assigns, that both the conveyed and retained properties will be used for residential purposes only. If B takes A's property by adverse possession, which of the following is most accurate?

• B is not bound by the restriction because there was no vertical privity of estate.

• B is bound by the restrictive covenant.

• B is not bound by the restrictive covenant because there was no horizontal privity of estate.

• B is only bound if O, in fact, used her land for residential purposes.

A conveys to B a one-acre lot in fee simple, keeping the adjoining lot for himself. The recorded deed provides that the premises shall be used solely for residential purposes. The deed provision is:

• a private encumbrance.

• a public encumbrance.

• not an encumbrance.

• an encumbrance binding on B, but not binding on B’s successors or assignees.

A conveys to B a one-acre lot in fee simple, keeping the adjoining lot for himself. The recorded deed provides that the premises shall be used solely for residential purposes. A conveys his lot to C in fee simple. B conveys his lot to D in fee simple. Both deeds contain the clause in the original deed from A to B. If D builds a law office out of his house on the lot:

• C can sue D for damages.

• C cannot sue D for damages as they are not in privity.

• C cannot sue D for damages as the law office does not touch and concern the land.

• C would have to rely on a zoning regulation for damages.

All homes in the Shadyacres development are set back 50 feet from the main road. The original deeds contained notice of the restriction.

• A subsequent purchaser will be deemed to have notice of the restriction even if it is not contained in the subsequent deed.

• A subsequent purchaser will not be deemed to have notice of the restriction if it is not contained in the subsequent deed.

• Notice will be assumed based on other construction in the neighborhood.

• None of the above

A conveys to B a one-acre lot in fee simple, keeping the adjoining lot for himself. The recorded deed provides that the premises shall be used solely for residential purposes. A later conveys to C in fee simple and B conveys to D in fee simple. Assume the deed from A to B was duly recorded. The clause was not contained in the deeds to C and D.

• C can sue D because D had constructive notice of the clause.

• C can still sue D because C was a bona fide purchaser for value.

• C cannot sue D as D took without actual notice.

• All of the above.

Which of the following statements are most true of the touch and concern requirement of a valid real covenant?

• Both the benefit and burden must touch and concern the land.

• The promise makes the burdened land more valuable.

• The burden is to the landowner as an individual.

• None of the above

Based upon the latest restatement, at modern law, which of the following types of privity is needed to enforce a properly recorded real covenant?

• No Privity is needed for enforcement.

• Perpendicular Privity.

• Vertical Privity.

• Horizontal Privity.