Real Covenants. Definition Promise which is enforceable not only between the original parties, but also between successors of either party solely because.

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Presentation transcript:

Real Covenants

Definition Promise which is enforceable not only between the original parties, but also between successors of either party solely because they are now the new owners of the land.

Elements of Real Covenant 1. Enforceable Promises

Elements of Real Covenant 1. Enforceable Promises 2. Intent for Promise to Run with the Land

Elements of Real Covenant 1. Enforceable Promises 2. Intent for Promise to Run with the Land 3. Promise Must “Touch and Concern” the Land

Elements of Real Covenant 1. Enforceable Promises 2. Intent for Promise to Run with the Land 3. Promise Must “Touch and Concern” the Land 4. Privity

Gallagher v. Bell

Cabin John Park

Neponsit v. Emigrant From the Neponsit Property Owners’ Association Website: “Just fifteen miles from Manhattan, lies an oasis called Neponsit. A peninsula only 4 blocks wide, Neponsit occupies an area of less than one tenth of a square mile, bordered by Beach 142nd and Beach 149th Streets, Jamaica Bay and the Atlantic Ocean.”

Neponsit v. Emigrant 1936 Photo of Neponsit

Neponsit v. Emigrant 1924 Colorized Photo of Neponsit

Neponsit v. Emigrant Neponsit Today

Neponsit v. Emigrant Neponsit Today