PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A developer records a subdivision plan with a covenant requiring all lots to be used only for residential purposes. A later purchaser of one lot, with notice of the covenant, attempts to operate a commercial business. A neighboring lot owner sues to enforce the restriction. What must the plaintiff show for the covenant to run with the land in equity as an equitable servitude?

Intent to bind successors, touch and concern the land, and notice to the burdened party That the covenant was recorded in a foreign jurisdiction That the defendant personally signed the original covenant That horizontal privity exists between the plaintiff and defendant

Correct Answer:

Intent to bind successors, touch and concern the land, and notice to the burdened party

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