1. Abdon Madrigal and Meghan Wood have owned Greenacre and Greeneracre, respectively for many years. Madrigal now covenants with Wood that he, his successors and assigns, will never use electric heaters on Greenacre. Madrigal conveys a life estate to Joseph Bracey, and Wood coveys a life estate to Valya Varbanova. Bracey 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. Varbanova sees the snow melting around Greenacre, investigates, finds out what Bracey is doing and sues for damages and an injunction. What arguments on both sides and what result?
2. Katie Marnell sells part of her property, Subsidyacre, to
Jacklin Kostich with a covenant that the grantee pay Joshua Rehak's law school
tuition; Kostich sells to Melanie Kaplan. Rehak's tuition is unpaid.
(a) Marnell sues (i) Kaplan; (ii) sues Kostich
(b) Rehak sues (i) Kaplan; (ii) sues Kostich
3. Convey same property with “covenant” that grantee never lease an apartment or grant an easement to Paul Geske; Kaplan grants an easement/leases to Geske
4. With “covenant” that never lease an apartment
to any rock band; Mike Albert organizes a punk band and rents apartment from
Kaplan for rehearsals
5. Mike Adler subdivides tract, Immenseacre
(a) Sells first lot to Teri McClerklin, no restrictions
(b) Sells second lot to Jared Reynolds with proviso “no rock bands or chromium plants to be allowed on the property”
(c) Sells third lot to Daniel Kirby 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) McClerklin sells to Love Chemical, which puts up a chromium processing plant; Reynolds seeks injunction against operation of plant
(f) Reynolds sells to Albert band for a practice space; McClerklin sues the band
(g) Adler sells his last lot to Liberty A. Serter, with no express covenants; Serter sells to The Academy Isn't, a vigorous hard rock group; Kirby sues Adler; sues Serter; sues The Academy Isn't
6. Michael Spanel sells part of his property to Lisa Kollenberg,
(a) "in fee simple, until Joshua Rehak's law school is in arrears; then to Gabriella Sneeringer."
(b) "in fee simple, until any of Joshua Rehak's descendants'
law school tuition is in arrears; then to Gabriella Sneeringer."