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 ?
(113) Zechariah Chafee Jr, 'Equitable Servitudes on Chattels' (1928) 41 Harvard Law Review 945; see also Robinson, above n 6, 1450-1.
This issue was focused by a 1955 United States authority involving the enforcement of an equitable servitude in relation to a jukebox.
In this supplemental guide for law students, Siegel (law, De Paul U.) 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.
The two other main servitudes are real covenants and equitable servitudes. Real covenants are promises regarding the land that run with the land and are enforceable at law.
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
Chafee, Jr., The Music Goes Round and Round: Equitable Servitudes and
Here, American law recognizes four basic forms: easements, real covenants, equitable servitudes, and profits.(57) Easements and equitable servitudes, the most commonly encountered forms, are devices for permitting multiple uses of a single parcel of land or controlling externalities associated with particular land uses.
Real covenants and equitable servitudes can likewise be subdivided into affirmative and negative.
This program places restrictions, known as equitable servitudes, on the use of land owned by others, and such restrictions are covenants that run with the land.
For first-year law students, this pocket text collects most of the rules covered in standard property law casebooks and organizes them into chapters on possession and ownership; common law estates; concurrent ownership; landlords and tenants; easements, profits, and licenses; real covenants and equitable servitudes; real estate brokers; contract of sale; transfer of title by deed; the recording system; title insurance; mortgages; and miscellaneous property doctrines, such as those related to airspace, water, support, agreed boundaries, fixtures, trespass, nuisance, and land use regulations.
Hemnes, Restraints on Alienation, Equitable Servitudes, and the Feudal Nature of Computer Software Licensing, 71 DENV.