When it comes to preparing for the bar exam, one of the hardest concepts for students is the dreaded ‘covenants running with the land.’ The terms ‘real covenant’ and ‘equitable servitude’ conjure up almost as much dread as the acronym ‘RAP,’ but the reality is that identifying and understanding these concepts to do well on the bar exam isn’t so bad if you have ever been to your local Wild Wings or Applebee’s, and you remember, ‘Pint + Wings.’
PINT + Wings
Although I do love wings, the picture above isn’t meant to make your tastebuds water, but rather to provide you a quick and easy mnemonic to remember the requirements for real covenants. PINT + Wings is an easy way to memorize the requirements for covenants running with the land, as follows:
|Privity (Horizontal and Vertical)
|Notice (burden only)
|Touch and Concern
As a starting point, remember that real covenants (and equitable servitudes) generally either restrict the right to use real property or, alternatively, impose obligations on the owners of real property. In a fact pattern, if you see someone seeking damages to enforce a covenant, that should be a tip-off that the covenant will be a real covenant. Alternatively, if an injunction is sought to enforce a covenant, then that will be an equitable servitude.