 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 transcript:

 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?

Leicester Square

Equestrian Statute

Leicester Square -- today

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

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

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

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

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

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

House a few blocks away from Collingwood & Second

Type of gas station McLean wants to build.

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