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 A covenant enforced as running with the land in a court of equity even though it does not meet all the requirements of a real covenant.  Key issue.

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Presentation on theme: " A covenant enforced as running with the land in a court of equity even though it does not meet all the requirements of a real covenant.  Key issue."— Presentation transcript:

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2  A covenant enforced as running with the land in a court of equity even though it does not meet all the requirements of a real covenant.  Key issue = which requirements may be lacking?

3 Leicester Square -- 1750

4 Equestrian Statute -- 1790

5 Leicester Square -- today

6  Court was willing to relax mutual privity requirement in equity because of notice.

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9  Court unwilling to relax benefit must touch and concern land requirement.

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11 1. Lots in residential subdivision originally owned by common owner/developer.

12 2. Owner/Developer imposed restrictions in deeds of most conveyed parcels.

13 3. Developer imposes general plan upon subdivision (uniform restrictions on most deeds, recorded declaration, etc.)

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15 Kimball (Seller) SpragueGrossman (Purchaser (Purchaser with restrictions) w/o restrictions)

16 House a few blocks away from Collingwood & Second

17 Type of gas station McLean wants to build.


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