equitable servitude
Quick Summary
Equitable servitudes are a legal tool developed in English equity courts during the 19th century. They allow for the enforcement of land-use restrictions that might not fit traditional easement or covenant requirements. These promises are binding on future owners of the land if they "touch and concern the land" and the new owner has notice of the promise, often through public records or a uniform development scheme.1
Equitable servitudes are crucial for land development, enabling uniform schemes for housing or architectural styles. They are a form of private land-use control. In Anglo-American property law, servitudes generally tie rights and obligations to land ownership, ensuring they pass to successive owners. Other types of servitudes include easements, which grant specific usage rights, and profits, which allow for the removal of natural resources.12
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ā¦a homeownersā association fee), and equitable servitudes (such as a promise to use the property for residential purposes only). The civil law does not have as many categories, the category of āservitudesā tending to cover for them all, and the civil law is a bit more restrictive. Most of theā¦
Read Moreā¦a homeownersā association fee), and equitable servitudes (such as a promise to use the property for residential purposes only). The civil law does not have as many categories, the category of āservitudesā tending to cover for them all, and the civil law is a bit more restrictive. Most of theā¦
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property lawMarxism, liberalism, and the lawā¦form of obligation, now called equitable servitudes, that served the same function as easements and were not subject to the same restrictions (Tulk v. Moxhay [1848]). While the agglomerative tendency affected the law of trusts, the express trust resisted any attempt to defeat its basic division of legal from equitableā¦
Read Moreā¦form of obligation, now called equitable servitudes, that served the same function as easements and were not subject to the same restrictions (Tulk v. Moxhay [1848]). While the agglomerative tendency affected the law of trusts, the express trust resisted any attempt to defeat its basic division of legal from equitableā¦
Read More- property lawEquitable servitudes
The equitable servitude is an invention of the English equity courts in the 19th century. This device allows the enforcement of restrictions on land use that neither fall within the traditional types of negative easements nor meet the traditional requirements of covenants thatā¦
Read MoreThe equitable servitude is an invention of the English equity courts in the 19th century. This device allows the enforcement of restrictions on land use that neither fall within the traditional types of negative easements nor meet the traditional requirements of covenants thatā¦
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