Can these restrictions be enforced as real covenants

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Reference no: EM133812136

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Can these restrictions be enforced as real covenants? As equitable servitudes? Analyze for all elements of running of benefit and burden for real covenants and equitable servitudes. 1. Aloysius and Belinda own adjacent vacant lots in a residential subdivision. They enter into a written agreement promising "on behalf of ourselves and our successors" that no structure higher than 30 feet may be built on either lot; they sign and record the agreement. Belinda sells her lot to Casey, who now plans to build a house that will be 35 feet high. Aloysius sues Casey. Desiree and Ebenezer purchase homes in a 20-lot subdivision. Desiree's property and 16 of the other lots contain express restrictions in their chain of title that all houses in the subdivision must be painted in "earth tones, such as beige or brown." The restriction is not in Ebenezer's chain of title. All houses in the subdivision are painted beige or brown. Ebenezer now leases his property to Fatima for a 99-year term, without telling her about the restriction. F plans to pain the house bright pink. Desiree sues Fatima.

Reference no: EM133812136

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