Covenants, Equitable Servitudes and Restrictions 1: Creation

As with many areas of the law, especially the more complicated ones, there is more than one way to analyze a problem. Students and attorneys regularly find the study of real covenants and equitable servitudes to be extremely difficult. Casebooks and hornbooks often address more than one topic at a time when dealing with topics. In contrast, to facilitate students' learning and understanding, CALI's series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discrete, digestible components. This will not replace the traditional analysis regarding real covenants and servitudes. Rather, by mastering the CALI lessons, students will be better able to understand traditional covenants analyses.

This tutorial is the first in a series of interactive tutorials written to assist the beginning student with a basic introduction to analyzing real covenants, equitable servitudes and similar use restrictions applied to real property. Once the student successfully completes the current lesson, he or she may later use the series of questions throughout this lesson as a preliminary review for a final examination.

Also, the student will benefit more from these materials after having successfully completed the exercises addressing easements.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define a covenant.
2. Define an equitable servitude.
3. Define an affirmative restriction.
4. Define a negative restriction.
5. Define a deed poll.
6. Define a reciprocal negative easement/covenant.
7. Identify what types of relationships typically give rise to a restriction on the use of real property.
8. Explain what is required for one to create express restriction.
9. Explain what is required for one to create implied restriction.
10. Explain how estoppel affects the creation of a restriction.
11. Relate how a declaration of covenants, restrictions and servitudes might create an implied restriction.
12. Restate a logical analytical approach to assessing the existence and effect of a covenant, equitable servitude and restriction on the use of real property.