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 court entered an order granting the motion for relief that included an equitable servitude on the property for a period of two years from the date of the entry of the order.
That obligation arises as both an equitable servitude and as an implied contract.
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.
This area has witnessed one major judicial innovation in the last 150 years: the emergence of the equitable servitude. In English common law, negative easements were sharply limited in number, and the burden of covenants respecting land could be enforced against successors only in the landlord-tenant context.(58) In response to demand for a more flexible instrument that would allow the burden of promises to run in planned residential developments, the English Court of Chancery, in Tulk v.
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.
The town subsequently sued the landowners and the developer, claiming that the land-swap transaction had created a restrictive covenant or equitable servitude, which limited the use of the privately owned parcel to one single-family home.
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.
explaining objections to equitable servitudes on chattels); Zechariah
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.