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Real Property – Nutshell Examples - page 20 / 22

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Ex:Prudence covenanted that she would not use her

land in competition with Peter’s use of his land.  Prudence then sold her property to Ann who was aware of the covenant.  In many jurisdictions, the covenant’s benefit is deemed not to touch and concern the covenantee’s property, although its burden touches and concerns the covenantor’s land.  Therefore, in England, the burden would not bind Ann, even in equity.  But, in the US, Ann probably would be bound by an equitable servitude. (246)

Ex:Prudence covenanted that she would not use her land in competition with Peter’s use of his land.  Peter then sold his land to Bob.  Unless Peter and Prudence intended that only Peter could enforce this covenant, Bob probably can enforce it against Prudence, even though the benefit does not touch and concern land, either because equity permits the covenant to run or because Peter impliedly assigned it to Bob. (246)

Ex:Prudence covenanted with Peter that she would maintain his garden.  Prudence then sold her property to Ann who was aware of the covenant.  Since the burden does not touch and concern land, Ann is probably not bound. (246)

Enforcement of Neighborhood Restrictments

Ex:CG Company conveyed Lot 1 to Ann, who covenanted to restrict it to residential purposes.  CG Company then conveyed Lot 2 to Bob.  Bob may enforce the covenant against Ann.  Ann’s covenant benefited CG’s retained land, which included Lot 2.  The benefit of Ann’s covenant ran with Lot 2 when CG conveyed it to Bob. (248)

Enforcement of a Cov Given by Common Owner to the Prior

Grantee – Running of the Burden

Ex:CG Company conveyed Lot 1 to Ann and covenanted that it would restrict all its remaining land for residential purposes.  CG then conveyed Lot 2 to Bob.  Ann may enjoin Bob from using his lot for nonresidential uses if he took with notice of

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