PROPERTY LAW LATEST 2026 TEST PAPER QUESTIONS
AND SOLUTIONS RATED A+
✔✔Differences between REAL COVENANTS and EQUITABLE SERVITUDES - ✔✔(1)
The Remedy (Covenants -- Damages, Equitable -- Injunctive (equitable) relief) (2) Real
Covenants require Privity of Estate
✔✔Requirements for a Real Covenant - ✔✔(1) Writing (SoF) (2) Notice (Actual, Inquiry,
Constructove) (3) Grantor's Intent (4) "Touch and Concern" the land (5) Privity of Estate
✔✔Requirements for an Equitable Servitude - ✔✔(1) Writing (SoF) (2) Notice (Actual,
Inquiry, Constructove) (3) Grantor's Intent (4) "Touch and Concern" the land
✔✔Does a covenant to not compete "touch and concern" the land? - ✔✔Yes. They
restrict the burdened parcel and benefit the other. (Davidson Bros.) Also when they
facilitate orderly and harmonious development of commercial use
✔✔What does "Touch and Concern" mean? (3) - ✔✔(1) Substantive (2) Relate to use
and enjoyment of the land (3) If the thing required to be done affects the quality, value,
or mode of enjoyment
✔✔Horizontal Privity of Estate - ✔✔The relationship between the original parties to the
agreement of the covenant to run with the land
✔✔Mutual Horizontal Privity - ✔✔When 2 owners have a simultaneous interest in the
same parcel (e.g. landlord and tenant)
✔✔Instantaneous Horizontal Privity - ✔✔Usually results from sale (covenant in deed of
sale; mortgage)
✔✔Vertical Privity of Estate - ✔✔Relationship between original parties and subsequent
owners of each parcel
✔✔Relaxed Vertical Privity - ✔✔Privity with any future possessor
✔✔Strict Vertical Privity - ✔✔Grantor must not retain any future interest in the land
✔✔Restrictive Covenants - ✔✔Something the owner of the land is required to do
✔✔Affirmative Covenants - ✔✔Something the owner of the land is prohibited from doing
✔✔Implied Reciprocal Negative Servitudes in Residential Subdivisions (IRNS) (4
Requirements) - ✔✔(1) Common grantor had tract of land (2) pursued a general
scheme or plan (3) numerous other conveyances with uniform restrictions (4) grant is
,acquired by implication and equitable right allowing enforcement of restrictions against
all
✔✔Why don't traditional real covenants work to maintain Residential Subdivisions? (3) -
✔✔(1) Privity of estate is difficult/impossible to establish against neighbors (2) Last
parcel sold is always unrestricted (3) Must be a benefitted parcel to enforce real
covenant
✔✔Basic Idea of IRNS - ✔✔Covenants restricting land in a subdivision are mutually
enforceable by and against all owners of the properties that were all intended to be part
of a common scheme or general plan. Makes all lots dominant AND servient to all other
lots in common scheme.
✔✔Are there lots of various jurisdiction differences in IRNS? - ✔✔Yes. Make sure to
check out outline if this comes up
✔✔How should ambiguous restrictive covenants be interpreted? - ✔✔(1) should give
effect to the intent of the original parties () If not possible should be read narrowly in
favor of the free use of property
✔✔Ways to terminate covenants (5) - ✔✔(1) Language of the covenant itself (2) Written
release (re-negotiation) (3) Merger (4) Prescription (SoL on enforcement) (5) Changed
Conditions
✔✔Changed Conditions Doctrine (Covenants) - ✔✔When purpose sought by covenant
has become unattainable (from vantage point of benefitted parcel/dominant estate).
✔✔Question to ask for Changed Conditions Doctrine - ✔✔Have there been changes in
the community that render the benefits of the covenant unattainable?
✔✔Present Estate Holder - ✔✔Has the right to possess the property now, and until her
property rights expire (when? determined by grantor)
✔✔Future Estate Holder - ✔✔Will obtain the right to possess the property when and if
the present interest terminates (when? determined by grantor?)
✔✔Defeasible (definition) - ✔✔Capable of being voided, terminated, or annulled
✔✔Vested (definition) - ✔✔Occurs when there is certainty of hte parties who may or
may not get the party
✔✔What is the future interest for a FEE SIMPLE (ABSOLUTE)? - ✔✔None
, ✔✔What is the future interest for a FEE SIMPLE DETERMINABLE? - ✔✔Possibility of
Reverter (Interest in the GRANTOR)
✔✔What is the future interest for a Fee Simple Subject to Condition Subsequent? -
✔✔Right of Entry (elective. When condition is broke)(Power of termination) (Interest in
the GRANTOR)
✔✔What is the future interest for a Fee Simple Subject to Executory Limitation? -
✔✔Executoy Interest (Future interest in THIRD PERSON)
✔✔What is the future interest for a Life Estate? - ✔✔Reversion (Interest in the
GRANTOR), or Remainder (Vested OR Contingent, Interest in THIRD PARTY)
✔✔What are the two non-defeasible Present Interests/Estates? - ✔✔(1) Fee Simple
Absolute (2) Life Estate
✔✔What the three defeasible Present Interests/Estates? - ✔✔(1) Fee Simple
Determinable (2) Fee Simple Subject to Condition Subsequent (3) Fee Simple Subject
to Executory Limitation
✔✔Words Often Used to Create a FEE SIMPLE (ABSOLUTE)? - ✔✔"to A," "and her
heirs"
✔✔Words Often Used to Create a FEE SIMPLE DETERMINABLE? - ✔✔"so long as,"
"while," "during," "until," "unless"
✔✔Words Often Used to Create a FEE SIMPLE SUBJECT TO EXECUTORY
LIMITATION? - ✔✔"until (or unless)....then to.......", "but if......then to......"
✔✔Words Often Used to Create a FEE SIMPLE SUBJECT TO CONDITION
SUBSEQUENT? - ✔✔"provided that", "on condition", "but if"
✔✔When does the Present Interest Holder become a Trespasser in FEE SIMPLE
DETERMINABLE? - ✔✔The moment the condition/defeasing event occurs
✔✔When does the Present Interest Holder become a Trespasser in a FEE SIMPLE
SUBJECT TO CONDITION SUBSEQUENT? - ✔✔After the defeasing event WHEN the
grantor asserts his right of entry
✔✔Big Difference between a FEE SIMPLE DETERMINABLE and a FEE SIMPLE
SUBJECT TO CONDITION SUBSEQUENT? - ✔✔In FEE SIMPLE DETERMINABLE
the future interest in the grantor REVERTS automatically. In CONDITION
SUBSEQUENT the future interest (right of entry) is elective and up to the grantor
AND SOLUTIONS RATED A+
✔✔Differences between REAL COVENANTS and EQUITABLE SERVITUDES - ✔✔(1)
The Remedy (Covenants -- Damages, Equitable -- Injunctive (equitable) relief) (2) Real
Covenants require Privity of Estate
✔✔Requirements for a Real Covenant - ✔✔(1) Writing (SoF) (2) Notice (Actual, Inquiry,
Constructove) (3) Grantor's Intent (4) "Touch and Concern" the land (5) Privity of Estate
✔✔Requirements for an Equitable Servitude - ✔✔(1) Writing (SoF) (2) Notice (Actual,
Inquiry, Constructove) (3) Grantor's Intent (4) "Touch and Concern" the land
✔✔Does a covenant to not compete "touch and concern" the land? - ✔✔Yes. They
restrict the burdened parcel and benefit the other. (Davidson Bros.) Also when they
facilitate orderly and harmonious development of commercial use
✔✔What does "Touch and Concern" mean? (3) - ✔✔(1) Substantive (2) Relate to use
and enjoyment of the land (3) If the thing required to be done affects the quality, value,
or mode of enjoyment
✔✔Horizontal Privity of Estate - ✔✔The relationship between the original parties to the
agreement of the covenant to run with the land
✔✔Mutual Horizontal Privity - ✔✔When 2 owners have a simultaneous interest in the
same parcel (e.g. landlord and tenant)
✔✔Instantaneous Horizontal Privity - ✔✔Usually results from sale (covenant in deed of
sale; mortgage)
✔✔Vertical Privity of Estate - ✔✔Relationship between original parties and subsequent
owners of each parcel
✔✔Relaxed Vertical Privity - ✔✔Privity with any future possessor
✔✔Strict Vertical Privity - ✔✔Grantor must not retain any future interest in the land
✔✔Restrictive Covenants - ✔✔Something the owner of the land is required to do
✔✔Affirmative Covenants - ✔✔Something the owner of the land is prohibited from doing
✔✔Implied Reciprocal Negative Servitudes in Residential Subdivisions (IRNS) (4
Requirements) - ✔✔(1) Common grantor had tract of land (2) pursued a general
scheme or plan (3) numerous other conveyances with uniform restrictions (4) grant is
,acquired by implication and equitable right allowing enforcement of restrictions against
all
✔✔Why don't traditional real covenants work to maintain Residential Subdivisions? (3) -
✔✔(1) Privity of estate is difficult/impossible to establish against neighbors (2) Last
parcel sold is always unrestricted (3) Must be a benefitted parcel to enforce real
covenant
✔✔Basic Idea of IRNS - ✔✔Covenants restricting land in a subdivision are mutually
enforceable by and against all owners of the properties that were all intended to be part
of a common scheme or general plan. Makes all lots dominant AND servient to all other
lots in common scheme.
✔✔Are there lots of various jurisdiction differences in IRNS? - ✔✔Yes. Make sure to
check out outline if this comes up
✔✔How should ambiguous restrictive covenants be interpreted? - ✔✔(1) should give
effect to the intent of the original parties () If not possible should be read narrowly in
favor of the free use of property
✔✔Ways to terminate covenants (5) - ✔✔(1) Language of the covenant itself (2) Written
release (re-negotiation) (3) Merger (4) Prescription (SoL on enforcement) (5) Changed
Conditions
✔✔Changed Conditions Doctrine (Covenants) - ✔✔When purpose sought by covenant
has become unattainable (from vantage point of benefitted parcel/dominant estate).
✔✔Question to ask for Changed Conditions Doctrine - ✔✔Have there been changes in
the community that render the benefits of the covenant unattainable?
✔✔Present Estate Holder - ✔✔Has the right to possess the property now, and until her
property rights expire (when? determined by grantor)
✔✔Future Estate Holder - ✔✔Will obtain the right to possess the property when and if
the present interest terminates (when? determined by grantor?)
✔✔Defeasible (definition) - ✔✔Capable of being voided, terminated, or annulled
✔✔Vested (definition) - ✔✔Occurs when there is certainty of hte parties who may or
may not get the party
✔✔What is the future interest for a FEE SIMPLE (ABSOLUTE)? - ✔✔None
, ✔✔What is the future interest for a FEE SIMPLE DETERMINABLE? - ✔✔Possibility of
Reverter (Interest in the GRANTOR)
✔✔What is the future interest for a Fee Simple Subject to Condition Subsequent? -
✔✔Right of Entry (elective. When condition is broke)(Power of termination) (Interest in
the GRANTOR)
✔✔What is the future interest for a Fee Simple Subject to Executory Limitation? -
✔✔Executoy Interest (Future interest in THIRD PERSON)
✔✔What is the future interest for a Life Estate? - ✔✔Reversion (Interest in the
GRANTOR), or Remainder (Vested OR Contingent, Interest in THIRD PARTY)
✔✔What are the two non-defeasible Present Interests/Estates? - ✔✔(1) Fee Simple
Absolute (2) Life Estate
✔✔What the three defeasible Present Interests/Estates? - ✔✔(1) Fee Simple
Determinable (2) Fee Simple Subject to Condition Subsequent (3) Fee Simple Subject
to Executory Limitation
✔✔Words Often Used to Create a FEE SIMPLE (ABSOLUTE)? - ✔✔"to A," "and her
heirs"
✔✔Words Often Used to Create a FEE SIMPLE DETERMINABLE? - ✔✔"so long as,"
"while," "during," "until," "unless"
✔✔Words Often Used to Create a FEE SIMPLE SUBJECT TO EXECUTORY
LIMITATION? - ✔✔"until (or unless)....then to.......", "but if......then to......"
✔✔Words Often Used to Create a FEE SIMPLE SUBJECT TO CONDITION
SUBSEQUENT? - ✔✔"provided that", "on condition", "but if"
✔✔When does the Present Interest Holder become a Trespasser in FEE SIMPLE
DETERMINABLE? - ✔✔The moment the condition/defeasing event occurs
✔✔When does the Present Interest Holder become a Trespasser in a FEE SIMPLE
SUBJECT TO CONDITION SUBSEQUENT? - ✔✔After the defeasing event WHEN the
grantor asserts his right of entry
✔✔Big Difference between a FEE SIMPLE DETERMINABLE and a FEE SIMPLE
SUBJECT TO CONDITION SUBSEQUENT? - ✔✔In FEE SIMPLE DETERMINABLE
the future interest in the grantor REVERTS automatically. In CONDITION
SUBSEQUENT the future interest (right of entry) is elective and up to the grantor
