A homeowners' association recorded racially restrictive covenants decades ago. The association now asks a state court to issue an injunction enforcing the covenant against a buyer. The buyer raises the Fourteenth Amendme...
Citations: Shelley v. Kraemer
A homeowners' association recorded racially restrictive covenants decades ago. The association now asks a state court to issue an injunction enforcing the covenant against a buyer. The buyer raises the Fourteenth Amendme...
Citations: Shelley v. Kraemer
...e of the burdened parcel. The promise cannot run because all negative covenants are invalid. The promise can run only if it is called an easement. This item tests real-covenant doctrine in a bar-style real-property fact...
Citations: Common-law real covenant doctrine
...he elements of a real covenant and the distinction from easements and covenants of title. This essay tests real-covenant doctrine through successor, remedy, and land-use facts. Common-law real covenant doctrine
Citations: Common-law real covenant doctrine
...ut touch and concern? The covenant's burden fails because affirmative covenants never run. The covenant may touch and concern land if the assessments maintain facilities benefiting the lots. The covenant is enforceable o...
Citations: Common-law real covenant doctrine
Original Buyer took fee simple subject to a recorded covenant to maintain a wall, then leased the property to Tenant for 10 years. The benefited owner sues Tenant for damages for breach of a real covenant. Which state...
Citations: Common-law real covenant doctrine
Owner conveyed Blackacre to Original Buyer by deed containing a recorded covenant to maintain a stone wall along the boundary for the benefit of Whiteacre, which Owner retained. The deed stated that the covenant bound...
Citations: Common-law real covenant doctrine
Owner conveyed Lot 1 to Buyer by deed containing a recorded covenant restricting Lot 1 to residential use, expressly binding successors. Buyer sells Lot 1 to Successor, who has notice and wants to build a store. Which...
Citations: Common-law real covenant doctrine
A recorded deed covenant binds successors and restricts use of Lot 8. The original buyer sells Lot 8 to Purchaser. Which statement best describes notice in a damages action against Purchaser for breach of a real coven...
Citations: Common-law real covenant doctrine
...violated the restriction. Which doctrine is most directly implicated? Covenants of title in a deed. Real covenants running with land. Present covenants of seisin and right to convey. The doctrine of after-acquired title...
Citations: Common-law real covenant doctrine
...ause a real covenant can be enforced only by injunction. Because real covenants are enforceable only against original covenantors. This item tests real-covenant doctrine in a bar-style real-property fact pattern. Common-...
Citations: Common-law real covenant doctrine
...analysis? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
...analysis? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
...analysis? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
...accurate? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
After a dispute over land, financing, use, or transfer reaches court, one party asks for enforcement of a claimed property right. A buyer took title after record notice of a use restriction and then built inconsistent...
Citations: Common law real-property principles
...y to rule? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
...ly result? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
After a dispute over land, financing, use, or transfer reaches court, one party asks for enforcement of a claimed property right. The legally significant act occurred after warnings, partial performance, and a documen...
Citations: Common law real-property principles
...analysis? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
...ese facts? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
After a dispute over land, financing, use, or transfer reaches court, one party asks for enforcement of a claimed property right. A buyer took title after record notice of a use restriction and then built inconsistent...
Citations: Common law real-property principles
After a dispute over land, financing, use, or transfer reaches court, one party asks for enforcement of a claimed property right. One material fact supports relief while another triggers a limitation under the governi...
Citations: Common law real-property principles
...analysis? Correct. The answer should identify the governing rule for Covenants and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counter...
Citations: Common law real-property principles
USABarPrep Coach