Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope

This lesson is designed to assist the first year Property student with analyzing the numerous potential questions arising when one encounters a real covenant or equitable servitude. The lesson addresses the questions of what might make a validly created covenant or equitable servitude invalid or unenforceable and what factors influence whether a restriction applies to offending conduct.

This tutorial is the second in a series of lessons. To get the maximum benefit of CALI's alternative approach, before using this exercise, students should first complete the lesson on Covenants and Equitable Servitudes: Creation.

As with many areas of the law, especially the more complicated ones, there is more than one way to analyze a problem. Law 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, this series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discreet, digestible components. This will not replace the traditional analysis regarding real covenants and servitudes. Rather, by mastering the lessons, students will be better able to understand traditional covenants analyses.