Servitude (Equitable Servitude)
What does "Servitude (Equitable Servitude)" mean in law?
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.
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.