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.
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.
Real covenants and equitable servitudes can likewise be subdivided into affirmative and negative.
For an account emphasizing the limitations on equitable servitudes in English law, see D.
After some initial waffling, the English Court of Chancery held that equitable servitudes could not be imposed on chattels, for example as vertical price restraints or vertical restrictions on the use or resale of goods after the first sale.
This appears to be the better view today: Equitable servitudes (and presumably other nonpossessory property rights) apply only to real property.
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.