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Elements of a Real covenant
Posted: Mon Apr 29, 2013 2:51 am
by joetheplumber
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?
Re: Elements of a Real covenant
Posted: Mon Apr 29, 2013 3:00 am
by Tom Joad
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.
Re: Elements of a Real covenant
Posted: Mon Apr 29, 2013 3:16 am
by Blessedassurance
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