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Real Property – Nutshell Examples - page 15 / 22

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prop.  Prudence sold her prop to Ann.  If the requirements for a covenant to run with the land are net, Ann may not sell liquor on the prop even though she neither made nor assumed the covenant.  However, if the covenant doesn’t run with the land, Ann is not bound. (231)

Covenants v. Easements

Ex:Prudence promised Peter that (1) she would not construct any structures in her garden that blocked Peter’s view, (2) Peter could enter the garden to smell the flowers, and (3) Prudence would water the plants regularly.  In the above, (1) is a negative easement of view that prohibits Prudence from building certain types of structures on her land; (2) is an affirmative easement that entitle Peter to perform an otherwise unprivileged act on Prudence’s land; (3) is a covenant because it imposes a duty on Prudence to perform an act she otherwise would not be required to do.  Without a writing, Peter could acquire only the second right by prescription since neither the failure to build in a certain way nor the continued watering would oblige Prudence to continue if she had not promised to do so.  Of course, once granted, all of Peter’s rights may be lost by prescription. (232)

Defeasible Estates

Ex:Owen conveyed to Ann in FS, subject to the condition that eh could re-enter and forfeit her estate if liquor was ever sold on the premises.  Ann has a FS subject to a condition subsequent.  If Ann conveys the property to Bob, Bob will have the same estate subject to the same condition and thus, cannot sell liquor there.  Owen has a right of reacquisition, which is itself a property interest.  He may transfer this interest without transferring any other property.  However, the harshness of the forfeiture remedy sometimes will cause a court to construe the restriction as a covenant if the language is ambiguous.  In this way, the promise will still run with the land but with a less drastic

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