1. Greg Cheikhameguyaz and Lauren Elliott have owned Greenacre and Greeneracre, respectively for many years. Cheikhameguyaz now covenants with Elliott that he, his successors and assigns, will never use electric heaters on Greenacre. Cheikhameguyaz conveys a life estate to Tom Bradley, and Elliott coveys a life estate to Dustin Karrison. Bradley 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. Karrison sees the snow melting around Green acre, investigates, finds out what Bradley is doing and sues for damages and an injunction. What arguments on both sides and what result?
2. Holly Eubanks sells part of her property to Sara Mock with
“a covenant” that the grantee pay Ryan Janski's law school tuition;
Mock sells to Ellen Smith. Janski's tuition is unpaid.
(a) Eubanks sues (i) Smith; (ii) sues Mock
(b) Janski sues (i) Smith; (ii) sues Mock
3. Convey same property with “covenant” that grantee never lease an apartment or grant an easement to Maria Martin; Smith grants an easement/leases to Martin
4. With “covenant” that never lease an apartment
to any rock band; Cory Sites organizes a punk band and rents apartment from
Smith for rehearsals
5. Chase Baderscher subdivides tract
(a) Sells first lot to Rebecca Lyon, no restrictions
(b) Sells second lot to Grant McAdams with proviso “no rock bands or chromium plants to be allowed on the property”
(c) Sells third lot to Ryan Moore 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) Lyon sells to Love Chemical, which puts up a chromium processing plant; McAdams seeks injunction against operation of plant
(f) McAdams sells to Sites band for a practice space; Lyon sues the band
(g) Baderscher sells his last lot to Liberty A. Serter, with no express covenants; Serter sells to The Academy Isn't, a vigorous hard rock group; Moore sues Baderscher; sues Serter; sues The Academy Isn't
6. Phil Litchfield sells part of his property to Esther Minell,
(a) "in fee simple, until Ryan Janski's law school is in arrears; then to Douglas Allor."
(b) "in fee simple, until any of Ryan Janski's descendants'
law school tuition is in arrears; then to Douglas Allor."