Elements of a Real covenant

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joetheplumber
Posts: 178
Joined: Sat Sep 18, 2010 7:23 pm

Elements of a Real covenant

Postby joetheplumber » Mon Apr 29, 2013 2:51 am

I know it is
1. Intention
2. Privity of estate and
3. Touch and concern

However, for element 2, if I don't have privity of estate, but only privity of K. Does it work/still run with the land?

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Tom Joad
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Joined: Thu Dec 04, 2008 5:56 pm

Re: Elements of a Real covenant

Postby Tom Joad » Mon Apr 29, 2013 3:00 am

If there is no privity of estate then it is just a personal contract between the original covenators if it holds up as a contract, but it doesn't run with the land. Also you may have to know horizontal privity and vertical privity.

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Blessedassurance
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Joined: Mon Jun 27, 2011 3:42 pm

Re: Elements of a Real covenant

Postby Blessedassurance » Mon Apr 29, 2013 3:16 am

i have the elements as follows (from big poppa joe [ singer]):

1. Writing (usually a deed, sometimes a lease, can be a declaration)
2. notice
3. intent
4. touch and concern
5. horizontal and vertical privity

note: intended beneficiaries can sue w/o privity for injunctive relief under the law of equitable servitudes




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