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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).
Visual Aids
Related Concepts
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 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?
