Summary

JurisdictionWashington

Chapter Details

Summary
§8.1 Introduction
§8.2 Running of Covenants in General
(1) Traditional Requirements
(a) Real Covenants
(b) Equitable Servitudes
(2) Washington Approach
(3) Requirements in Detail
(a) Statute of Frauds
(b) Touch and Concern
(c) Intent to Bind Successors
(d) Horizontal Privity
(e) Vertical Privity
(f) Notice
(i) Recording Act
(ii) Inquiry Notice
(iii) Notice and Real Covenants
(4) Summary
§8.3 Relationship of Burden to Benefit
§8.4 Subdivisions
(1) General Background
(a) Implied Reciprocal Servitudes
(b) Third-Party Beneficiary Approach
(c) Washington's Equitable Estoppel Approach
(2) The Common Plan or Scheme
(3) Effect of Developer's Reservations
(4) Enforcement by Landowners in Neighboring Subdivisions
(5) Enforcement by Homeowners' Associations
(6) Enforcement by covenantees lacking ownership interest in benefitted property

§8.5 Interpretation and Scope of Covenants
(1) Interpretation of Covenants
(a) The Burton Rule
(b) Subdivision Covenants
(c) Use of Extrinsic Evidence
(2) Specific Covenants
(a) Building Restrictions
...

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