• Law Study Aids
    • Case Briefs
    • Lessons
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Associations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Outlines
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Agency
        • Business Associations
        • Conflicts of Law
        • Corporations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Partnerships
        • Secured Transactions
      • Exam Prep Checklists
        • Access 1L Checklists
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • Access 2L/3L Checklists
          • Agency
          • Criminal Procedure
          • Corporations/Business Entities
          • Evidence
          • Family Law
          • Partnership
          • Trusts
          • U.C.C. ART. 9
          • Wills
    • Refresher Courses
      • 1L
        • Constitutional Law
        • Contracts Law
        • Criminal Law
        • Property Law
        • Torts Law
      • 2L/3L
        • Criminal Procedure
        • Evidence Law
    • Exam Prep Pro
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
    • Multiple Choice Quizzes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
    • Exam Prep Workshops
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
    • Charts and Notes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
  • Courses
    • Practice Ready Workshop
    • 1L Prep Course
    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors
    Advanced Search | Notes Search
    Start My FREE 7-DAY Trial
    Log In
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgotten Password

    Cancel

    Register For This Site

    Group Poor Marked

    User Access

    Apple
    Facebook
    Google

    A password will be e-mailed to you. Cancel

    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors

    • Law Study Aids
      • Case Briefs
      • Lessons
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Associations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Outlines
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Agency
          • Business Associations
          • Conflicts of Law
          • Corporations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Partnerships
          • Secured Transactions
        • Exam Prep Checklists
          • Access 1L Checklists
            • Civil Procedure
            • Constitutional Law
            • Contracts
            • Criminal Law
            • Property Law
            • Torts
          • Access 2L/3L Checklists
            • Agency
            • Criminal Procedure
            • Corporations/Business Entities
            • Evidence
            • Family Law
            • Partnership
            • Trusts
            • U.C.C. ART. 9
            • Wills
      • Refresher Courses
        • 1L
          • Constitutional Law
          • Contracts Law
          • Criminal Law
          • Property Law
          • Torts Law
        • 2L/3L
          • Criminal Procedure
          • Evidence Law
      • Exam Prep Pro
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
      • Multiple Choice Quizzes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
      • Exam Prep Workshops
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
      • Charts and Notes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
    • Courses
      • Practice Ready Workshop
      • 1L Prep Course
    Start My FREE 7-DAY Trial
    Log In Sign up
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgotten Password

    Cancel

    Register For This Site

    Group Poor Marked

    User Access

    Apple
    Facebook
    Google

    A password will be e-mailed to you. Cancel

    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.
    SmartBrief
    0
    Sections to print




    To print, please Start a Free Trial or Log in.
    Confirm favorite deletion?
    Cancel Yes, Delete

    Property Keyed to Merrill

    Neponsit Property Owners’ Association, Inc. v. Emigrant Industrial Savings Bank

    Citation:
    15 N.E.2d 793
    Todd Berman

    ProfessorTodd Berman

    CaseCast™ "What you need to know"

    CaseCast™ –  "What you need to know"

    play_circle_filled
    pause_circle_filled
    Neponsit Property Owners’ Assoc., Inc. v. Emigrant Indus. Savings Bank
    volume_down
    volume_up
    volume_off
    To continue listening to this CaseCast™ please Subscribe

    Only StudyBuddy Pro offers the complete Case Brief Anatomy*

    Access the most important case brief elements for optimal case understanding.

    *Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue

    • The Brief Prologue provides necessary case brief introductory information and includes:
    • Topic: Identifies the topic of law and where this case fits within your course outline.
    • Parties: Identifies the cast of characters involved in the case.
    • Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
    • Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
    • Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
    Start Your Free Trial or Log in.
    • The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
    • Brief Facts: A Synopsis of the Facts of the case.
    • Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
    • Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:

      In January of 1911, Neponsit Realty, as owner of a tract of land, filed in the office of the clerk of the county a map of the land. The tract was developed for a strictly residential community, and Neponsit Realty conveyed lots in the tract to purchasers. In 1917, Neponsit Realty conveyed the land now owned by the defendant to a man and his wife subject to a covenant. The covenant required payment, by the owner of the lot, and his successors, heirs, and assigns, to Neponsit Realty, including its successors, heirs, and assigns, of money to be used to maintain the roads, paths, parks, beach, sewers, and other public purposes as shall from time to time be determined by Neponsit Realty or its successors, assigns, and heirs. The covenant further indicated that the charge should be paid on the first day of May in each and every year, and that the charge shall become a lien on the land continuing until paid. The covenant also expressly grants Neponsit Realty and its heirs, successors, and assigns the right to bring any/all actions against the owner of the premises for collection of the charge and to enforce the lien. It provided the covenant should be a real covenant running with the land until January 31, 1940. Neponsit Realty created the plaintiff, Neponsit, a home owners’ association to collect these fees and handle maintenance. The defendant, Emigrant, acquired the property at issue at a judicial sale. Neponsit sued to foreclose liens on the land resulting from non-payment of the dues required by the aforementioned covenant.

    • Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
    • Holding: Shares the Court's answer to the legal questions raised in the issue.
    • Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
    • Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
    Start Your Free Trial or Log in.
    • The Brief Prologue closes the case brief with important forward-looking discussion and includes:
    • Policy: Identifies the Policy if any that has been established by the case.
    • Court Direction: Shares where the Court went from here for this case.
    Start Your Free Trial or Log in.

    Topic Resources

    Topic Videos

    Neponsit Property Owners’ Association, Inc. v. Emigrant Industrial Savings Bank11m 10s
    See complete Lesson, Quizzes and More
    Neponsit Property Owners’ Association, Inc. v. Emigrant Industrial Savings Bank7m 12s
    See complete Lesson, Quizzes and More

    Topic Outlines

    Real Covenants and Equitable Servitudes Easements

    Topic Refresher Course

    Easements: Scope Duration and Transfer

    Status:

    Status:

    Your Law School
    Success Begins Here

    • Case Briefs - the Socratic Savior! – Best in class and Largest Library of complete I.R.A.C. / C.R.E.A.C. Law School case briefs. Includes:
      • SmartBriefs® - Enhanced case briefs for optimal clarity
      • CaseCast® - Professor overviews of "What you need to know"
      • New MarginBrief® - A.I. - Powered for faster, more efficient case recall
    • Lessons - Professor delivered video for topic reinforcement
    • Outlines - Professor written - downloadable, amendable and includes test-taking tips and tools
    • Refresher Courses - Quick course reviews with interactive exercises
    • Quizzes and Exams - over 5,000 Multiple Choice and Essay questions all Professor curated and answered
    • Exam Prep Workshops - Delivered by Professors on how to disect, organize and answer law school exam questions
    • and so much more ...
    Start your FREE Trial

    Notepad Click anywhere in notepad to add a note

    Neponsit Property Owners' Association, Inc. v. Emigrant Industrial Savings Bank