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An equitable easement when the servient tenement is unregistered is enforceable against a purchaser for value only when properly registered under the terms of the Land Charges Act 1972. Equitable easements arising by virtue of a contract to grant an easement are registerable as either estate contracts or equitable easements. [45]
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.
Equitable easements can be created for physical encroachments where the court balances the hardships of the properties and determines an easement is warranted. When determining whether to award an equitable easement, courts utilize the “relative hardship” test.
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]
The other important kinds of charge that had to be registered are restrictive covenants and equitable easements, [70] a right from the Family Law Act 1996 Part IV, [71] and an "estate contract" (i.e. either a future right to buy a property, or an option to buy). [72]
The other important kinds of charge that had to be registered are restrictive covenants and equitable easements, [15] a right from the Family Law Act 1996 Part IV, [16] and an "estate contract" (i.e. either a future right to buy a property, or an option to buy). [17]
A profit (short for profit-à-prendre in Middle French for "advantage or benefit for the taking"), in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. [1]
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.