An equitable servitude is an agreement or contract between two or more parties that limits their use of property. An equitable servitude benefits and burdens the original parties to the agreement as well as their predecessors. Some examples of equitable servitudes are:
Creation of equitable servitudes is very similar to the creation of real covenants in that:
However, equitable servitudes differ from real covenants in two important ways.
Equitable servitudes are especially useful when all of the formal requirements of real covenants are not present.
It is also important to note that most courts will imply an equitable servitude, absent a writing, if there is an overall developmental scheme or common plan. The common plan is viewed as an implied promise by a developer to impose the same restrictions on all of his land.
Equitable servitudes are terminated under the following circumstances:
The remedy for breach of an equitable servitude is an injunction. This means that a court will issue an order telling the breaching party to stop violating the servitude. If they do not, they can be held in contempt of court.
Equitable servitudes affect your rights as a property owner. A real estate attorney can help you determine if any equitable servitudes affect your land, and to what extent. An attorney can also help you determine if you are entitled to the benefits of an equitable servitude and help you secure an injunction if one is being breached.
Last Modified: 11-13-2013 11:18 AM PSTLaw Library Disclaimer
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