Horizontal privity?

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Charles Barkley
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Horizontal privity?

Postby Charles Barkley » Sun May 08, 2011 3:36 pm

When does this not exist between original parties when analyzing the running of a covenant?

oklahomabreakdown
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Re: Horizontal privity?

Postby oklahomabreakdown » Sun May 08, 2011 3:39 pm

This will depend on whether your professor teaches the modern and classic rule or just the modern rule.

Classic Rule- both parties must maintain an interest in the land i.e. an easement, profit, Reversion, Right of Reverter, Right of Re-entry, mortgage, etc.

Modern Rule- the covenant just has to been in the deed at the time of the conveyance

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Charles Barkley
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Re: Horizontal privity?

Postby Charles Barkley » Sun May 08, 2011 3:41 pm

So if neighbors make an agreement to both not take a certain action on their land, the burden would not run depending on the approach regarding horizontal privity??

oklahomabreakdown
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Re: Horizontal privity?

Postby oklahomabreakdown » Sun May 08, 2011 3:43 pm

Exactly, in your case you would need the parties to both maintain an interest in the burdened properties, if they did not they would have no vertical privity.

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prezidentv8
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Re: Horizontal privity?

Postby prezidentv8 » Sun May 08, 2011 3:46 pm

--LinkRemoved--

oklahomabreakdown
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Joined: Sun May 02, 2010 10:28 pm

Re: Horizontal privity?

Postby oklahomabreakdown » Sun May 08, 2011 4:20 pm

Sorry I meant Horizontal




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