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Real Property • Real Covenants
PROP#140
Legal Definition
Like real covenants, equitable servitudes are created by covenants contained in a writing that satisfies the Statute of Frauds.
Plain English Explanation
"Covenants" are promises. Within "covenants" you have "real covenants" and "equitable servitudes." They are both created the same way, but they are enforced differently. An equitable servitude, for example, doesn't have to run with the land in order to be enforced. The downside is you get less enforcement options (e.g., an injunction).
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