Also known as: equitable servitude
Written by attorneys · grounded in primary & secondary sources — see below
A covenant respecting the use of land enforceable against successor owners in equity regardless of its enforceability at law. Modern doctrine treats such covenants as servitudes that run with the land when intent to bind successors exists, proper creation methods are followed, and the arrangement is valid and has not terminated.
Eastern Electric records a master declaration for its industrial park requiring all lot owners to maintain landscaping plans approved by a committee. Echelon Security later purchases a lot without reviewing the declaration. The restriction binds Echelon because the recorded covenant runs with the land under modern servitude rules.
Evelyn Ellison sells a parcel to Elliot Edmonds under a deed containing use restrictions but never records the deed. Enzo Eastwood later buys the parcel from Edmonds after a clean title search. Eastwood takes free of the restrictions because the absence of record notice prevents the servitude from binding him.
Select any source to read its text and confirm it supports the definition.
Emma Erickson buys a condominium unit subject to a recorded declaration banning pets. She brings three cats into the unit. The homeowners association fines her and seeks removal. The court enforces the restriction as a valid equitable servitude because it was recorded and uniformly applied.
Emanuel Escobar owns a unit in a common-interest development whose declaration requires board approval for structural changes. The board denies his request to install solar panels. Escobar sues. The court applies a reasonableness standard to the board's decision rather than the business judgment rule because the restriction operates as an equitable servitude.
The Restatement abandons the separate labels and treats both as covenants that run with the land when intent, creation methods, validity, and non-termination requirements are met.
Supporting sources
Record notice suffices. A recorded declaration or deed containing the restriction charges later buyers with constructive notice even without actual knowledge.
Supporting sources
No. Without recording or actual notice the servitude does not bind a purchaser for value who lacks knowledge of the restriction.
Supporting sources
…shall be kept in any unit." (Declaration, Art. VI, § 6.2.) The Declaration also states that its provisions are "enforceable equitable servitudes" that are "binding on all parties having any right, title or interest" in the project. (Declaration, Art. I, § 1.1.) In 1989, plaintiff brought three cats into her condominium unit. When…