OFFICIAL 1L Exam Prep & Motivation Thread (CSWS) Forum

[Blumpbeef]

Anyone have a good crim black letter outline?

[brotherdarkness]

.

[HiiPower2015]

In my reviewing, I've realized I don't quite understand horizontal privity as well as I thought I did when it comes to covenants. I understand that if A creates a covenant with B and there is a transfer in an interest in land, there is horizontal privity and this is used to enforce real covenants and it could also be used by whoever A sells to due to vertical privity.

I got confused on this in the E & E actually and their explanation just confused me more. Say that O owned 100 tracts of land and sold 50 to A and 50 to B. In each covenant there was a restriction limiting it for residential use. If B wants to build an apartment, does A have standing? I understand that A and B both have horizontal privity with O, but not with each other. In my head, I am visualizing it like this : A ---(Horizontal Privity)---O----(horizontal privity)-----B. It seems like they each have horizontal privity with O, but not each other. How would this work out as far as A having standing?

[dannynoonan87]

In my reviewing, I've realized I don't quite understand horizontal privity as well as I thought I did when it comes to covenants. I understand that if A creates a covenant with B and there is a transfer in an interest in land, there is horizontal privity and this is used to enforce real covenants and it could also be used by whoever A sells to due to vertical privity.

I got confused on this in the E & E actually and their explanation just confused me more. Say that O owned 100 tracts of land and sold 50 to A and 50 to B. In each covenant there was a restriction limiting it for residential use. If B wants to build an apartment, does A have standing? I understand that A and B both have horizontal privity with O, but not with each other. In my head, I am visualizing it like this : A ---(Horizontal Privity)---O----(horizontal privity)-----B. It seems like they each have horizontal privity with O, but not each other. How would this work out as far as A having standing?

I think Horizontal privity is only needed between A and B if A is suing B for damages (at law)

Or I could be reading the chart I made wrong.

[HiiPower2015]

I am not sure either. I know that for the benefit to run, you need WITV so I am not sure that since A has those elements met, then he has the elements for the benefit to run so he can enforce the covenant on B. As long as B had horizontal privity with O? And then in order for A or B's successors to enforce they must have vertical privity with their respective previous owner. Is this the right analysis? As long as B has writing, intent, touch/concern, horizontal with O, vertical and notice then the burden runs with him? Therefore if B had sold it to B1, A would still be able to enforce it against B1?

[bananapeanutbutter]

I don't think we learned horizontal privity, but there's a case on this. I think maybe Daly Dry Wall. A could sue B based off their deed. O can't bring suit. He's giving up his legal interest. That's what the deed does. A absolutely has standing. He purchased the apartment with a deed saying his neighbors will only build single family homes, which came with promises of quietness and not having 1000 people right next door. It would also bring down the property value of the home he bought. Damn right. He can sue that shit.

[dannynoonan87]

you can't just do 1 analysis. there's actually 4....

Benefit running at law
benefit running at equity
burden running at law
burden running at equity

each has different requirements

Unless you what A's claim is against B ($ or equitable relief) you need to do all 4

[bananapeanutbutter]

NOTE:

A would only have a case if he bought his property for B bought his property, because his deed would have put B on notice if he searched the other conveyances under the grantor-grantee index from the motherfucker.

I don't imagine you can bring a suit as a bona fide subsequent purchaser.

[HiiPower2015]

Based on what everyone is saying, is this the proper way to approach the problem: O owns Lot 1 and Lot 2. He sells Lot 1 to A, and Lot 2 to B. Both contain restrictions for residential use only. B wants to open a business, what can A do.

I am not going to give full explanation for the reasoning, but I know you will on the exam

Equitable Servitude
For the burden to run with B, there must be writing, intent, touch/concern, and notice. It seems to me like these are met
For the benefit to run with A, there must be writing, intent, touch/concern, and MINORITY: vertical privity. If we are in a majority jurisdiction then they are met, but in a minority jurisidiction I don't believe they would have vertical privity.

Real Covenant
For the burden to run with B, there must be writing, intent, touch/concern, horizontal privity, vertical privity, and notice. There appears to be horizontal privity regarding O the original landowner, but not B.
For the benefit to run with A, there are the same requirements as before.

Then, you could look to see if there is any sort of HOA because then this HOA would likely be in vertical privity with O, and meet all the necessary requirements. I don't think the General Scheme exception, or the exception under Dry Wall would necessaraily apply because the covenant was in both deeds.

[SportsFan]

#RiseAndGrind

[Jsa725]

.

[SportsFan]

#RiseAndGrind

I think thats the first time I've ever used that hashtag. Is this what athletes feel like? CAUSE IT FEELS GOOD!

I'm trying to speed through this weeks reading (THE LAST READING OF MY 1L YEAR! WOOHOO!!!) this morning so I can spend the afternoon updating my outlines with supplements and taking a short practice test or 2.

[Jsa725]

.

[SportsFan]

#RiseAndGrind

I think thats the first time I've ever used that hashtag. Is this what athletes feel like? CAUSE IT FEELS GOOD!

I'm trying to speed through this weeks reading (THE LAST READING OF MY 1L YEAR! WOOHOO!!!) this morning so I can spend the afternoon updating my outlines with supplements and taking a short practice test or 2.

haha, yea... i am reading property then just going through prop & K's OL's, Q&A's, CALI lessons etc today... gotta get me that 4.0 playa









wonders where the intense motivation from last semester went

Yeah, I know what you mean. I haven't been quite as productive over the last week or 2 as I've wanted to be (and compared to last semester). Then again, last semester I had a combined total of ~20 old exams from my 3 professors, while this semester I have 1 full exam and some parts of exams. I've definitely changed up my study methods a bit, and I still feel good about everything.

[brotherdarkness]

.

[Jsa725]

.

[SportsFan]

Con Law question:

I understand that if you deny a right to everyone, substantive due process is the argument to make, and that if you deny a right to a certain classification of people, equal protection is the argument to make. However, are the rights we consider "fundamental" the same under both substantive due process analysis and equal protection analysis? Could a right be considered fundamental for purposes of substantive due process analysis yet not fundamental for equal protection analysis, or vice versa?

As my plethora of con law questions ITT indicates, I'm not expert on con law, but my answer would be that the rights are the same, but the constitutionality and protection of them may differ.

[mrjohnsterman]

edited away

[SportsFan]

wonders where the intense motivation from last semester went

Yeah, I know what you mean. I haven't been quite as productive over the last week or 2 as I've wanted to be (and compared to last semester). Then again, last semester I had a combined total of ~20 old exams from my 3 professors, while this semester I have 1 full exam and some parts of exams. I've definitely changed up my study methods a bit, and I still feel good about everything.

true true... i definitely feel more confident, and i am grasping the material better and faster than last semester; however..... part of me secretly wonders if i am doing something waaaaaaaay off base here

I think the biggest difference for me is that my outlining is going way faster this semester. I attribute that to a few things, but I think the biggest has been that I take much better (and more organized) notes this semester, so my initial outlining process is basically to copy and paste large parts of my notes into my outlines. First I'll sort of "outline my outline" to decide how to organize it, too. I rewrite a lot of my notes while I add them to my outline because they're confusing and not organized that well, but its much more efficient that basically rewriting everything from scratch like I did last semester.

[brotherdarkness]

.

[salix]

CSWSed in the library from open to close yesterday, but SLOOOOW start this morning.

Got to kick it up for the rest of the day! LET'S GO!

[Jsa725]

.

[salix]

Just the motivation I needed.

Fear does wonders.

[RodneyRuxin]

Anyone have a good crim black letter outline?

PM me

[RodneyRuxin]

.