🚨CORRECTION: The chart written in the upper right section of the whiteboard contains an error. Only 3 elements are required for the BENEFIT of an EQUITABLE SERVITUDE to run: (1) the promise must be in writing (or implied from a "common plan"); (2) the original parties must intend to benefit successors; and (3) the promise must "touch and concern" the land. Notice is NOT a required element for the BENEFIT of an EQUITABLE SERVITUDE to run. Thank you for pointing this out @Simone!
@ellis77777777 They should definitely fix it but luckily I don't think it matters that much. If anyone is trying to avail of the Benefit of an ES they probably know about it (i.e. have actual notice)
Thank you for this! You can still have a real covenant that doesn't run with the land can't you? If you contract with your neighbors for a certain use that benefits one parcel and burdens another, even though there is no privity of estate, the real covenant is still enforceable between the neighbors? None of my hornbooks have info about real covenants that don't run with the land!
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🚨CORRECTION: The chart written in the upper right section of the whiteboard contains an error. Only 3 elements are required for the BENEFIT of an EQUITABLE SERVITUDE to run: (1) the promise must be in writing (or implied from a "common plan"); (2) the original parties must intend to benefit successors; and (3) the promise must "touch and concern" the land. Notice is NOT a required element for the BENEFIT of an EQUITABLE SERVITUDE to run.
Thank you for pointing this out @Simone!
Hi - is this correction reflected on the Studicata website?
Ur attack outline has that too so I memorized that. U should correct that.
@ellis77777777 They should definitely fix it but luckily I don't think it matters that much. If anyone is trying to avail of the Benefit of an ES they probably know about it (i.e. have actual notice)
These videos are way more helpful than hours spent in classes. Thank you!
This was much more helpful than any time I spent in my property class this trimester. Thank you so much.
your law school is on Trimesters!? I can’t imagine getting through property law in any time frame shorter than 15 weeks!
Thank you so much for these videos! I literally always turn to these when I am having issues with difficult concepts (i.e. horizontal privity).
Awesome-glad the videos are helpful for you! Thanks for tuning in.
Very helpful, had trouble with understanding horizontal and vertical privity until this video.
Awesome-happy to help!
I think for the benefit to run in equitable servitudes, notice is not required. Double check that 'Check'
I believe you're correct. I'll double check and adjust this asap. Thanks!
The best of the best!
God bless your soul
Thank you!
Thank you for this! You can still have a real covenant that doesn't run with the land can't you? If you contract with your neighbors for a certain use that benefits one parcel and burdens another, even though there is no privity of estate, the real covenant is still enforceable between the neighbors? None of my hornbooks have info about real covenants that don't run with the land!
Do you have a bar review course?
thank you ! this was so helpful !