Equitable servitude

Property law

Part of the common law series
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Strata title
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Future use control

* Restraint on alienation
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Nonpossessory interest

* Lien
* Easement
* Profit
* Usufruct
* Covenant
* Equitable servitude

Related topics

* Fixtures
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* Practicing without a license

Property rights
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Higher category: Law and Common law

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An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land.[1] In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements. However, covenants and equitable servitudes in most of the jurisdictions across North America are slightly different.{{Citation needed|date=February 2024} e remedy plaintiff seeks and precedent will allow for the scenario in question.[citation needed] Where the terms are unmerged, holde mages; holders of equitable servitudes seek injunctions. The term used to exist in England widely before Tulk v Moxhay and as byproduct of the Judicature Acts became one of the fullest mergers of equity and common law in England and Wales so as to agree initially on the term "equitable covenant", then coming to be united in the term covenant save that "equitable" bears a particular meaning in English property rights since at least 1925: it means not fully compliant with registration/written formalities. If lacks legally routine formalities it is not a full legal covenant and therefore more tenuous, often only enforceable personally and against the original covenantor (in personam).[citation needed]

## Contents

* 1 Creation
* 2 Burden
* 3 Benefit
* 4 Equitable defenses
* 5 References

## Creation

For the Scottish legal and equitable concept which are instead equivalent to easements, see Servitude in civil law.

## Burden

## Benefit

## Equitable defenses

* The person seeking enforcement is violating a similar restriction on his own land (unclean hands).
* The holder of the dominant estate acquiesced in violation of the servitude by the holder of the servient estate (acquiescence).
* The holder of the dominant estate acted in such a way that would have a reasonable person to believe that the covenant was abandoned (estoppel).
* The owner of the dominant estate fails to bring suit against the violator within a reasonable time (laches).
* The character of the neighborhood changed sufficiently through development, changes in zoning, or through non-enforcement of the equitable servitude (called the "changed conditions" doctrine).

## References

1. ↑ Barnes, Stanley N. (1925) (in en). The Development of the Doctrine of Equitable Servitudes in Chattels. University of California, Berkeley.. https://books.google.com/books?id=MV0zAAAAIAAJ&q=Equitable+servitude+law+book.

da:Servitut de:Grunddienstbarkeit es:Servidumbre fr:Servitude (droit) it:Servitù nl:Servituut no:Servitutt nn:Servitutt pl:Służebność sv:Servitut zh:地役权

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