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equitable servitude wikipedia jump to content main menu main menu move to sidebar hide navigation main page contents current events random article about wikipedia contact us contribute help learn to edit community portal recent changes upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 creation 2 burden 3 benefit 4 equitable defenses 5 references toggle the table of contents equitable servitude 14 languages dansk deutsch español français italiano ქართული 한국어 монгол nederlands norsk nynorsk norsk bokmål polski svenska 中文 edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia part of a series on property law types of property real property personal property intangible property unowned property acquisition of title gift adverse possession accession lost mislaid and abandoned property treasure trove escheat alienation conquest discovery estates in land allodial title freehold fee simple fee tail life estate defeasible estate leasehold estate land tenure future interest remainder waste reversion concurrent ownership concurrent estate joint tenancy tenancy in common community property strata title condominium partition severance conveyancing registration deed quitclaim deed torrens title deeds registration bona fide purchaser equitable conversion action to quiet title estoppel by deed mortgage future use control restraint on alienation rule against perpetuities rule in shelley s case doctrine of worthier title nonpossessory interests easement profit à prendre covenant equitable servitude lien usufruct license equity and trusts equitable interest beneficial ownership resulting trust constructive trust indigenous land rights aboriginal title indigenous land rights treaty rights related topics bailment fixtures real estate mineral rights water rights prior appropriation riparian lateral and subjacent support assignment conflict of property laws property rights nemo dat quicquid plantatur law portal outline lists index category v t e an equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land 1 in england and wales the term is defunct and in scotland it has very long been a sub type of the scottish legal version of servitudes which are what english law calls easements citation needed however covenants and equitable servitudes in most of the jurisdictions across north america are slightly different citation needed the usual distinction is based on the remedy plaintiff seeks and precedent will allow for the scenario in question citation needed where the terms are unmerged holders of a covenant seek money damages holders of equitable servitudes seek injunctions the term used to exist in england widely before tulk v moxhay and as byproduct of the judicature acts became one of the fullest mergers of equity and common law in england and wales so as to agree initially on the term equitable covenant then coming to be united in the term covenant save that equitable bears a particular meaning in english property rights since at least 1925 it means not fully compliant with registration written formalities if lacks legally routine formalities it is not a full legal covenant and therefore more tenuous often only enforceable personally and against the original covenantor in personam citation needed equitable servitude remains conceptually unaltered from its original core meaning however in many derived jurisdictions today it describes wherever a party is in a non criminal way forbidden from certain use of land in such a way as for breach to justify prohibitory or mandatory action to be ordered by the court the term usually applies only to permanent restrictions others may more commonly branded rules terms of use private byelaws or restrictions citation needed the first example was wherever there was an enclave the land owner would forever while it is necessary enjoy an implied positive servitude over the intervening land in england and wales that scenario is almost exclusively expressed in terms of implied easements in modern parlance citation needed in the united states negative and affirmative equitable servitudes remain a live legal concept in their own right it is a covenant that equity will enforce in equity rather than in the common law against the successors of the burdened land who have notice of the covenant if such notice is by constructive knowledge such as the enquiries an ordinary purchaser ought to have made then the covenant is known as implied citation needed creation edit for the scottish legal and equitable concept which are instead equivalent to easements see servitude in civil law an equitable servitude must be created by a writing unless it is a negative equitable servitude that may be implied from a common scheme for the development of a residential subdivision so long as landowners have notice of the agreement implied negative servitudes however are not recognized in some states such as massachusetts and california citation needed burden edit a successor of the promisor is bound if the original promise is in writing the covenanting parties intended the servitude to be enforceable by and against assignees the successor of the promisor has actual inquiry record or constructive notice of the servitude and the covenant touches and concerns the land citation needed benefit edit the benefit of an equitable servitude runs with the land and thus is enforceable by the promisee s successors if the original parties so intended and the servitude touches and concerns the benefited property citation needed equitable defenses edit a court will not enforce an equitable servitude under the following circumstances citation needed the person seeking enforcement is violating a similar restriction on his own land unclean hands the holder of the dominant estate acquiesced in violation of the servitude by the holder of the servient estate acquiescence the holder of the dominant estate acted in such a way that would have a reasonable person to believe that the covenant was abandoned estoppel the owner of the dominant estate fails to bring suit against the violator within a reasonable time laches the character of the neighborhood changed sufficiently through development changes in zoning or through non enforcement of the equitable servitude called the changed conditions doctrine references edit barnes stanley n 1925 the development of the doctrine of equitable servitudes in chattels university of california berkeley retrieved from https en wikipedia org w index php title equitable_servitude oldid 1276609949 categories real property law equity law hidden categories all articles with unsourced statements articles with unsourced statements from february 2024 this page was last edited on 19 february 2025 at 20 46 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit organization privacy policy about wikipedia disclaimers contact wikipedia legal safety contacts code of conduct developers statistics cookie statement mobile view search search toggle the table of contents equitable servitude 14 languages add topic