« on: April 01, 2008, 12:37:01 AM »
Well I was not exactly keen on the terms for the parties to real covenants until you stated them.
I intended for the servient tenement and dominant tenement to parallel that of benefited and burdened property. Thank you for introducing me to the terms!
Was I mistaken about the 'promissory' foundation of my covenant interpretation?
Let me try and explain. To the extent of my understanding - a negative real covenant is one that requires someone to promise to not do something. What if the deed mentions that the individual owning the burdened property promises not to use the garage, and also yields its use to that of the benefited property? Wouldn't the promise of not using the garage fall under the term covenant?
No idea what I am talking about - I am just participating out of shear interest.