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
Choice 1 There is horizontal privity, only
Choice 2 There is vertical privity, only
Choice 3 There is horizontal privity and vertical privity
Choice 4 There is neither horizontal not vertical privity
In the above case, assuming the notice, writing and intent elements are met, can Diane enforce the covenant against Woody?
Choice 1 Yes
Choice 2 No
In the above case, assuming the notice, writing and intent elements are met, can Woody enforce the covenant against Diane?
Choice 1 Yes
Choice 2 No
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?
Choice 1 She can get a court to award her monetary damages for the harm that Sam’s actions caused her
Choice 2 She can get a court to grant an injunction, forcing Sam to obey the terms of the covenant
Choice 3 Either of the above
Choice 4 None of the above
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?
Choice 1 Joe’s store is creating a nuisance and so infringes on the property rights of the other store owners
Choice 2 Rosie has an implied easement by necessity that allows her to prevent Joe from using his store in a manner that is harmful to other store owners
Choice 3 Joe is under an obligation created by an implied equitable servitude to conform to the usages that were intended for the stores in that area
Choice 4 Rosie has no valid argument to force Joe to change his store

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