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Real Property • Real Covenants
PROP#144
Legal Definition
An equitable servitude may be terminated by (1) written release, (2) merger, or (3) condemnation of the burdened estate.
Plain English Explanation
Equitable servitudes are covenants which, like easements, can be terminated via:
(1) Written release, which means the person who is benefitting from the covenant releases the burdened party from the covenant;
(2) Merger, which means the same person comes to own both the burdened land and the benefit at the same time, which terminates the covenant; or (3) Condemnation, which means the government has taken over the land and closed it off to its previous owners/possessors.
(1) Written release, which means the person who is benefitting from the covenant releases the burdened party from the covenant;
(2) Merger, which means the same person comes to own both the burdened land and the benefit at the same time, which terminates the covenant; or (3) Condemnation, which means the government has taken over the land and closed it off to its previous owners/possessors.
Visual Aids
Related Concepts
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