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An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. [1] In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements.
Covenants enforceable under the rule of Tulk v Moxhay... are properly conceived as running with the land in equity and, by reason of their enforceability, as constituting an equitable servitude or burden on the servient land. The essence of such an incident is that it should touch or concern the land as contradistinguished from a collateral effect.
Real covenants and easements or equitable servitudes are similar [9] and in 1986, a symposium discussed whether the law of easements, equitable servitudes, and real covenants should be unified. [4] As time passes and the original promisee of the covenant is no longer involved in the land, enforcement may become lax. [10]
An action to enforce townhome covenants is, in fact, a legal or equitable action on a contract or written instrument—and so any enforcement action must be brought within five years.
There are five basic conditions that must be met in order for there to be an effective real covenant and equitable servitude: It must be enforceable . To be enforceable it must not be too vague, it must not violate a statute or the constitution , it must not violate public policy, and it must meet the requirements under the statute of frauds .
An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. [2] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. [3]
The owner of a property has the right of possession and may assign that right wholly or partially to another who may then also assign the right of possession to a third party. For example, an owner of residential property may assign the right of possession to a property manager under a property management contract , who may then assign the ...
An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. [1] [2] It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land.