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Published byJune Walton Modified over 9 years ago
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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 = which requirements may be lacking?
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Leicester Square -- 1750
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Equestrian Statute -- 1790
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Leicester Square -- today
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Court was willing to relax mutual privity requirement in equity because of notice.
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Court unwilling to relax benefit must touch and concern land requirement.
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1. Lots in residential subdivision originally owned by common owner/developer.
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2. Owner/Developer imposed restrictions in deeds of most conveyed parcels.
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3. Developer imposes general plan upon subdivision (uniform restrictions on most deeds, recorded declaration, etc.)
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Kimball (Seller) SpragueGrossman (Purchaser (Purchaser with restrictions) w/o restrictions)
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House a few blocks away from Collingwood & Second
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Type of gas station McLean wants to build.
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