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Topic: Equitable servitude

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	Equitable servitude - Wikipedia, the free encyclopedia
		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, requiring the landowner to maintain certain practices with respect to the land (e.g., building a fence), or prohibiting certain practices (e.g., using heavy machinery).
		Equitable servitudes must be created by a writing, unless it is a negative equitable servitude (one that prohibits certain behavior) which may be implied from a common scheme for the development of a residential subdivision, so long as landowners have notice of the agreement.
		Because an equitable servitude is, as the name suggests, a creature of equity, all of the common equity defences apply against it:
	en.wikipedia.org /wiki/Equitable_servitude (337 words)

	Property - Chapter 3
		§ 34.01 The Equitable Servitude in Context [558-559]
		equitable servitude is a promise concerning the use of land that (1) benefits and burdens the original parties to the promise
		The equitable servitude was born in the famous decision of
	www.lexisnexis.com /lawschool/study/outlines/html/prop/prop34.htm (397 words)

	[No title]
		Since an equitable servitude is an interest in land, most courts require a writing signed by the promisor 2.
		Servitude by Implication must be reciprocal -- if the developer (grantor) granting some of the lots were not bound along with the lot purchasers (grantees), then the whole purpose of the restrictions (which is usually uniformity of use in order to enhance property values) would be defeated 4.
		Enforcement -- an equitable servitude can be enforces by a successor to the promisee or against a successor to the promisor if the contracting parties so intend, if the servitude touches and concerns that land and if the assignee has notice of the servitude.
	www.pitt.edu /~sorc/lawwomen/outlines/property2.DOC (10907 words)

	Thompson v. Pendleton, revised 6-30-97
		Whether a claim is equitable or legal depends on "the basic nature of the issue presented and the remedy sought by the plaintiff." Avery v.
		Similarly, the claims seeking the enforcement of an equitable servitude or an implied easement are also equitable claims that do not require submission to the jury.
		Nothing in the record establishes the trial court was compelled to find the Thompsons were entitled to a reformation or the enforcement of an equitable servitude or an implied easement.
	www.courts.state.me.us /opinions/documents/97me127A.htm (1261 words)

	Land Use Controls (LUCs) - News
		Thus, to enforce an equitable servitude against the original promisor, the promisee need only show that the instrument was in writing and that the promise touches and concerns the land.
		The remedy for breach of an equitable servitude is injunctive relief.
		The equitable servitude part of the document is used to implement use restrictions and affirmative duties while the easement element of the document is used to secure a legal right of access for Department staff.
	www.lucs.org /news.cfm?id=222 (2757 words)

	Converted WP file 98ca-007 (Site not responding. Last check: 2007-10-12)
		On September 17, 1996, Plaintiff filed an amended complaint alleging that the covenants were enforceable as equitable servitudes because Defendants had actual notice of the Declaration and the restrictions set forth therein which intended a general plan or scheme of development.
		In the current case, Plaintiff is neither seeking to annul or dispense with the equitable servitudes nor choosing not to enforce them, as was the case in Suttle.
		Defendants argue that an enforceable equitable servitude must be part of a common scheme or plan that is clear to purchasers when they buy a lot.
	www.supremecourt.nm.org /pastopinion/VIEW/98ca-007.html (2795 words)

	[No title]
		We further consider whether the chancellor correctly determined, in the alternative, that the restriction is enforceable by the neighboring landowners as an equitable servitude.
		The burden is on the party claiming the benefit of the equitable servitude to show that a common restriction was intended.
		Accordingly, we hold that the chancellor erred in determining that this restriction contained in the Pollard/Craighill deed is enforceable as an equitable servitude.
	www.courts.state.va.us /opinions/opnscvtx/1022710.txt (2638 words)

	Question/Answer for April 21, 2004
		"equitable servitude" and the standards are whether the covenant was intended to run with the land, whether it touches and concerns the land, and whether the current owner took with notice of the covenant.
		If I'm suing to enforce the same covenant and asking for damages, then the question is whether the covenant is an enforceable "real covenant" and the standards are the same, with the additional requirement that there be sufficient privity of estate between the parties.
		Thus, the same covenant could be a "real covenant" or an "equitable servitude" (or both), depending upon the remedy that the plaintiff is asking for.
	www.law.missouri.edu /freyermuth/property/42104memo.htm (764 words)

	DD 9/20 Is the Restatement Killing Easements?
		"When changes have taken place since the creation of a servitude that make it practically impossible to obtain the benefits contemplated by the creating parties or to accomplish the purposes for which a servitude was created, a court may modify the servitude to permit the originally contemplated benefits to be obtained or purpose accomplished.
		If the purpose of the servitude can still be accomplished, but because of changed conditions the servient estate is no longer suitable uses [sic] permitted by the servitude.
		They participate much more directly in the tradition of ownership of property as a "bundle of rights" and are distinct from contractual arrangements that might require performance of a promise by an individual or his or her assignee.
	dirt.umkc.edu /dd092096.htm (1151 words)

	CALI: Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope (Site not responding. Last check: 2007-10-12)
		Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope
		This lesson is designed to assist the first year Property student with analyzing the numerous potential questions arising when one encounters a real covenant or equitable servitude.
		Law students and attorneys regularly find the study of real covenants and equitable servitudes to be extremely difficult.
	lawschool.unm.edu /CALI/lesson.php?lid=645 (228 words)

	SP96-prp
		The covenant could not be enforced as an equitable servitude unless it is still contained in the current deeds to the lots in the development.
		Suppose also that the equitable servitude in question was created by a restrictive covenant in a deed from Contell, a previous owner of Kestrix's lot.
		Because the equitable servitude was set forth in a deed from one of Kestrix's predecessors in title, it would be considered to be in Kestrix's "direct chain of title."
	www.law.pace.edu /jhumbach/sp-96-prp.htm (4562 words)

	DePaul University College of Law (Site not responding. Last check: 2007-10-12)
		This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes.
		It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "What defenses might be available to one against whom another is attempting to enforce a real covenant, equitable servitude or restriction?"
		In contrast, to facilitate students' learning and understanding, CALI's series of lessons on real covenants and equitable servitudes provides an approach which breaks the study into more discreet, digestible components.
	law.depaul.edu /library_technology/library/services/cali.php?lid=771 (257 words)

	ParalegalTech Employer Site
		A real covenant requires consideration to be binding, while an equitable servitude does not.
		An equitable serivtude is generally enforceable by injunction, while a real covenant is enforceable with monetary damages
		A real covenant is irrevocable, while an equitable servitude is revocable at any time by any party.
	paralegaltech.com /placement/employers/realProperty/exam.asp (1595 words)

	[No title] (Site not responding. Last check: 2007-10-12)
		(1) This chapter applies to any interest created after its effective date which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
		The instrument creating the conservation easement shall state it was created under the provisions of this chapter.
		This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.
	www3.state.id.us /idstat/550210005.K (125 words)

	Property Class Notes 4/15/04
		At least for real covenants, and maybe also for equitable servitudes, both the benefit and the burden must concern the land.
		You may be able to have an equitable servitude in gross.
		When we ask how should we enforce equitable servitudes, this is one thing we have to think about.
	lawschool.mikeshecket.com /property/4-15-04.htm (1318 words)

	[No title] (Site not responding. Last check: 2007-10-12)
		imposes general plan/scheme upon subdivision Shown by uniform restrictions on most deeds, recorded declaration, or conformity by most owners Then, servitude embodying restrictions will be binding upon any owner of parcel in subdivision having actual, constructive, inquiry notice of restrictions, even if owner took w/o restriction in deed.
		Actual notice of restriction that can only be proven by extrinsic evidence and is not reduced to writing in deed will not suffice.
		imposes general plan/scheme upon subdivision Shown by uniform restrictions on most deeds, recorded declaration, or conformity by most owners Then, implied reciprocal servitude embodying restriction will be binding upon any owner of parcel in subdivision having actual, constructive, inquiry notice of restrictions, even if owner took w/o restriction in deed.
	docs.law.gwu.edu /facweb/dnunziato/Irs.ppt (320 words)

	MY NOTES
		Difference between equitable servitude and injunction - have to look at actual document to tell difference
		Horizontal privity is not really tested very often in CA - only comes about when you want damages - in most cases, people go after injunction, and in which case horizontal privity does not come into play
		In California, use restriction language must be in each and every lot for it to be bound by the restriction.
	home.pon.net /jmt/law/OneL/property/propapr.htm (1306 words)

	Property - Chapter 33
		The rules governing the real covenant are confusing and intricate, while those governing the equitable servitude are relatively straightforward.
		The new Restatement (Third) of Property: Servitudes would greatly simplify this area by combining the real covenant and the equitable servitude into one doctrine: the
		Under this approach, a contract or conveyance creates a servitude if: (1) the parties so intend; (2) it complies with the Statute of Frauds; and (3) it is not illegal, unconstitutional, or violative of public policy.
	www.lexisnexis.com /lawschool/study/outlines/html/prop/prop33.htm (581 words)

	EQUITABLE SERVITUDES/EASEMENTS/PUBLIC ROADS/ABANDONMENT/TITLE UNDERWRITING
		Â Â Â Â In October 1997, the Tweedys filed suit in the County Chancery Court (a court with equitable jurisdiction), seeking an order that the subject road be declared a county road, a public road, or a private road--anything, to allow access to their property.
		Â Seems (to me) the answer is "yes," even though the Tweedys aren't able to establish one of the traditional requirements for an equitable servitude:Â Necessity.
		Pat Randolph had to say about this case on his DIRT listserv, yesterday:
	www.firstam.com /landsakes/html/email/092101equitable.html (969 words)

	DEQ News Release (Site not responding. Last check: 2007-10-12)
		DEQ Proposes Purchaser Agreement and Revised Easement and Equitable Servitude at Facility in Eugene
		The Department of Environmental Quality (DEQ) is proposing to enter legal agreements with Bertelsen Business Park, LLC that would provide funding for a specified amount of cleanup at the property located at 1400 South Bertelsen Road, Eugene, Oregon.
		The Prospective Purchaser Agreement (PPA) and a revised Easement and Equitable Servitude (E&ES) with Bertelsen Business Park, LLC will facilitate the cleanup and productive use of the property.
	www.deq.state.or.us /news/prDisplay.asp?docID=1803 (403 words)

	[No title] (Site not responding. Last check: 2007-10-12)
		Legal covenant rules apply if damages are sought.
		Equitable servitude rules apply if injunctive relief is sought.
		Did the burden of the covenant run to bind C? Was the covenant enforceable as between the orignal parties?
	www.wmitchell.edu /_library+2004/webexams/Pannier/rpp22s97.htm (1009 words)

	Continue101.com - Northern Michigan Lake Property (Site not responding. Last check: 2007-10-12)
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	www.continue101.com /northern-michigan-lake-property.html (472 words)

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	www.yourrealestateassistantmary.com /grant-housing-national.html (451 words)

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	Anhw.com - Acreage Austin (Site not responding. Last check: 2007-10-12)
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	www.continue101.net /atlanta-real-estate-sales.html (361 words)

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