But, I'm used to being indulged!!

i think i should, add, that i know that this is a completely narcissistic indulgence. You would be mutually wasting our time to remind me.

You'd be foolish and unrealistic about who i am if you didn't know that most of me is about producing noise. PROFOUND NOISE!

So, do you want to learn a little bit about real property? me too.

There are a number of ways that covenants will not be enforced:

changed conditions- where conditions have changed so drastically that the covenant is of now substantial benefit to the dominant estates. the change must be so radical that it defeats the purpose of the covenant.

relative hardship- a covenant will not be enforced if the hardship to the owner of the servient estate is substantially greater than the benefit to the owner of the dominant estate.

Acquiescence- complaining party cannot enforce a covenant because he has tolerated previous violations of the covenant by the owner of the servient estate.
unclean hands- the complaining party cannot enforce bc he has violated the terms of the covenant.

abandonment - complaining party cannot enforce bc he has tolerated violations by other owners of restricted parcels

estoppel- reliance forms when by verbal agreement the owner of the dominant estate tells the owner of the servient estate that he will not enforce the covenant and then the owner of the servient estate changes her position as a result of the oral transaction.Laches - the covenant has been ignored or breeched for a significant period of time.

wasn't that fun?

Jenni-
Thank you for that FABULOUS lesson in property law. Hopefully, one day, when I need to foreclose my house because of bankruptcy, that information will come in handy. I love you! I miss you!

Sarah  


Post a Comment