1. Adam Jurin and Amanda Bielinski have owned Greenacre and Greeneracre, respectively for many years. Jurin now covenants with Bielinski that he, his successors and assigns, will never use electric heaters on Greenacre. Jurin conveys a life estate to James Batson, and Bielinski coveys a life estate to Sarah Riess. Batson is cold, so he goes to Home Depot and buys a dozen electric heaters and uses them to keep the temperature at 85 degrees in January. Riess sees the snow melting around Green acre, investigates, finds out what Batson is doing and sues for damages and an injunction. What arguments on both sides and what result?
2. Julio Costa sells part of his property to Amy Harvey with
“covenant” that grantee pay John Cotiguala's law school tuition;
Harvey sells to Luke Harriman . Cotiguala's tuition is unpaid.
(a) Costa sues (i) Harriman; (ii) sues Harvey
(b) Cotiguala sues (i) Harriman; (ii) sues Harvey
3. Convey same property with “covenant” that grantee never lease an apartment or grant an easement to Tom Griffin; Harriman grants an easement/leases to Griffin
4. With “covenant” that never lease an apartment
to any rock band; David Hantman organizes a punk band and rents apartment from
Harriman for rehearsals
5. Oppenheimer subdivides tract
(a) Sells first lot to Grant Ford, no restrictions
(b) Sells second lot to Graciela Kelly with proviso “no rock bands or chromium plants to be allowed on the property”
(c) Sells third lot to Justin Poh with proviso “no punk bands”
(d) Sells rest of lots, but one, to various people with same restriction: “no hazardous waste or obnoxious music”
(e) Ford sells to Love Chemical, which puts up a chromium processing plant; Kelly seeks injunction against operation of plant
(f) Kelly sells to Hantman band for a practice space; Ford sues the band
(g) Oppenheimer sells his last lot to Liberty A. Serter, with no express covenants; Serter sells to The Academy Isn't, a vigorous hard rock group; Poh sues Oppenheimer; sues Serter; sues The Academy Isn't
6. Julio Costa sells part of his property to Amy Harvey,
(a) "in fee simple, until John Cotiguala's law school is in arrears; then to Mary Volk."
(b) "in fee simple, until any of John Cotiguala's descendants'
law school tuition is in arrears; then to Mary Volk."