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 ?
A student's guide to easements, real covenants, and equitable servitudes, 3d ed.
discusses both the current law for easements, real covenants, and equitable servitudes and the integrated approach of the Restatement (Third) of the Law of Property: Servitudes, including questions, answers, problems, and analysis in each chapter.
Equitable servitudes are covenants running with the land that are enforced in equity.
Two related, common-law doctrines that courts have applied to real covenants and equitable servitudes are the doctrine of changed conditions and the change-of-neighborhood doctrine.
explaining objections to equitable servitudes on chattels); Zechariah
scarcity of authorities enforcing equitable servitudes on chattels).
Here, American law recognizes four basic forms: easements, real covenants, equitable servitudes, and profits.
Residential homeowners' associations--the key institutional mechanism that makes the condominium possible--have been created using real covenants and equitable servitudes.
Contrary to most states, New Jersey views equitable servitudes as contract rights, rather than as property rights.
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.
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.
This issue was focused by a 1955 United States authority involving the enforcement of an equitable servitude in relation to a jukebox.