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Real Property • Real Covenants
PROP#137
Legal Definition
Equitable servitudes are covenants that equity will enforce against the assignees of the burdened land who have had notice of the covenant, whether or not it runs with the land.
Plain English Explanation
When someone breaks a real covenant, they can be sued "at law," meaning "for money damages." When someone breaks an equitable servitude, they can be sued "in equity," meaning a court can step in with an injunction.
Even if an equitable servitude fails to "run with the land," someone who possesses land and has notice of the equitable servitude must obey it.
Even if an equitable servitude fails to "run with the land," someone who possesses land and has notice of the equitable servitude must obey it.
Visual Aids
Related Concepts
How is an equitable servitude created?
How is an equitable servitude terminated?
How may a covenant be terminated?
In assessing an equitable servitude, when will a benefit run with the land?
In assessing an equitable servitude, when will a burden run with the land?
In assessing real covenants, how will courts treat racially restrictive covenants?
In assessing whether a real covenant will run with the land, what constitutes intent?
In assessing whether a real covenant will run with the land, what constitutes notice?
In assessing whether a real covenant will run with the land, what is horizontal privity?
In assessing whether a real covenant will run with the land, what is touch and concern?
In assessing whether a real covenant will run with the land, what is vertical privity?
What are the 5 equitable defenses against enforcement of an equitable servitude?
What is a real covenant?
What is required for a benefit to run with the land?
What is required for a burden to run with the land?
What is the remedy for breach of an equitable servitude?
When may an equitable servitude be implied?
Which covenants always run with the land?
