Case Against Deena Hainch: A Case Against Barbra Moench
1266 Words6 Pages
With regards to your case against Deena Moench, I believe I have found the revenant information applicable to your case.
In 1980 you executed and record a covenant with Barbra Moench. The covenant provided the right to ingress and egress over your land for the use of your well on a seasonal basis for $2,000 consideration per year. The covenant was intended to run with the land and was recorded. In 2015 you leased the ranch to Cameron for 30 years, who was not advised about the agreement. Cameron plans to build upon the property, though having concerns about the water supply, has blocked the entrance into your land and sent a "cease and desist" letter to Deena. She is now suing you for damages and any relief the court would find appropriate.…show more content… Enforceability of a covenant depends on more that the elements of a covenant such as its reasonableness, in which eight factors can be used to weigh the reasonableness of a convent: (a) the intention of the parties when the covenant was executed, and whether the parties had a viable purpose which did not at the time interfere with existing commercial laws, such as antitrust laws, or public policy, (b) whether the covenant had an impact on the considerations exchanged when the covenant was originally executed, this may provide a measure of the value to the parties of the covenant at the time, (c) whether the covenant clearly and expressly sets forth the restrictions, (d) whether the covenant was in writing, recorded, and if so, whether the subsequent grantee had actual notice of the covenant, (e) whether the covenant is reasonable concerning area, time or duration, covenants that extend for perpetuity or beyond the terms of a lease may often be unreasonable, (f) whether the covenant imposes an unreasonable restraint on trade or secures a monopoly for the covenanter, this may be the case in areas where there is limited space available to conduct certain business activates and a covenant not to compete burdens all or most available locales to prevent them from competing in such an activity, (g) whether the covenant interferes with the public interest, (h) whether, even if the covenant was reasonable at the time it was executed, "changed circumstances" now make the covenant