Property
Servitude (Equitable Servitude)
Definition
An equitable servitude is a covenant regarding the use of land that equity will enforce against successors, even when the requirements for a real covenant at law are not met. Unlike real covenants, equitable servitudes do not require horizontal privity. The requirements are a writing (satisfying the statute of frauds, unless implied from a common scheme), intent to bind successors, touch and concern, and notice (actual, constructive, or inquiry). The remedy for breach is typically injunctive relief rather than money damages.
Example
A subdivision has a recorded restriction barring commercial use. Even without horizontal privity, a subsequent buyer with notice is bound by the equitable servitude.