Equitable Servitudes Self-Quiz
Sam and Diane are neighbors. They agree that neither party have wild parties at their houses, so as to keep the noise level down in their area. Later, Sam sells his house to Woody. Is there privity between Woody and Diane
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In the above case, assuming the notice, writing and intent elements are met, can Diane enforce the covenant against Woody?
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In the above case, assuming the notice, writing and intent elements are met, can Woody enforce the covenant against Diane?
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Sam and Diane are neighbors. They agree that neither party have wild parties at their houses, so as to keep the noise level down in their area. One night, Sam has a large party in his house that emits lots of noise and keeps Diane up all night. Assume that the agreement between Sam and Diane constituted a real covenant. What remedy, if any, is generally available to Diane?
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Rosie owns a large shopping mall called the “Palisades Center.” In the Palisades Center, there is a food court, in which scores of restaurants and booths that sell food are set up. Joe buys the rights to one of these stores located in the food court. Nowhere in the deed conveying the store does it mention anything about a restriction as to what Joe can do with the store. So, Joe opens a store that sells driveway repaving tar. Needless to say, the smell emanating from his store does little to enhance the experience of the patrons of the food court. Which of the following, if any, is the best argument that Rosie can make to force Joe to stop operating his store?
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