equitable servitude


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equitable servitude

A restriction on the use of land that runs with the land. It is often asserted when there is no writing and no legal document imposing any restrictions. Proponents will argue that the restriction is fair and just under the circumstances.If a court agrees with them,then an order will be issued describing the servitude and binding the land to it.

References in periodicals archive ?
The argument that an equitable servitude had been created fared no better, in large part due to the absence of a writing that would satisfy the Statute of Frauds.
This issue was focused by a 1955 United States authority involving the enforcement of an equitable servitude in relation to a jukebox.
117) Ibid 1451, citing Zechariah Chafee Jr, 'The Music Goes Round and Round: Equitable Servitude and Chattels' (1956) 69 Harvard Law Review 1250.
Lawyers for the heirs moved to dismiss the lawsuit on grounds that the claims cited by the Academy -- anticipatory breach of contract and breach of equitable servitude -- applies to land and not to personal items like statuettes.
This area has witnessed one major judicial innovation in the last 150 years: the emergence of the equitable servitude.
There are a few prominent exceptions to this latter generalization, such as the judicial creation of the equitable servitude and the recognition in some states of the doctrines of misappropriation of information and the right of publicity.
This analysis led the court to conclude that a conservation or equitable servitude on land, under New Jersey law, results in restrictions on how the land may be used rather than an ownership interest in the land.
The court maintained that New Jersey law clearly does not treat the burdening of land with a conservation or equitable servitude as an interest in land.
A student's guide to easements, real covenants, and equitable servitudes, 3d ed.
Equitable servitudes are covenants running with the land that are enforced in equity.
explaining objections to equitable servitudes on chattels); Zechariah
This is a fundamental feature of "servitudes," the category of non-possessory property rights that includes conservation easements, other types of easements, real covenants, and equitable servitudes.