Also known as: servitude law · servitudes · easements law
Written by attorneys · grounded in primary & secondary sources — see below
A doctrinal framework in property law that governs the creation, interpretation, enforcement, modification, and termination of private land-use arrangements running with land. These arrangements include easements, profits, and covenants that bind successors to the burdened or benefited estates. The framework supplies default rules for repair duties, use rights, and termination when parties omit express terms.
Linden Bank holds an easement across Luke Latham's parcel for a high-pressure gas line. After a storm damages the line, Luke demands that Linden repair the surface to prevent flooding on his remaining land. Linden refuses, claiming no duty exists. The court holds Linden responsible for repairs on the portions under its control because the beneficiary must prevent unreasonable interference with the servient estate.
Lexicon Media purchases land subject to a city zoning ordinance limiting building height. Lexicon argues the ordinance functions as a servitude and seeks to enforce it against a neighbor. The court rejects the claim because zoning regulations are public land-use rules and fall outside the law of servitudes.
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Lola Langley buys a unit in a condominium subject to a recorded no-pet rule. She adopts a cat and the association fines her. Langley claims the rule is unreasonable. The court enforces the restriction because agreed-upon servitudes in common-interest communities bind subsequent owners without judicial second-guessing of their wisdom.
Liberty Trust acquires land previously crossed by a railroad easement granted under federal statute. After the railroad abandons the line, the trust claims full fee title. The court holds that the original grant conveyed only an easement, so the servient owner regains unencumbered title upon abandonment.
Luna Lang owns beachfront property subject to a state coastal council rule barring construction. Lang sues claiming the rule deprives her of all economic use. The court treats the restriction as a regulation rather than a servitude and analyzes whether compensation is required under takings doctrine.
Luis Lopez owns a unit in a clubdominium. The board adopts a rule limiting exterior paint colors to preserve uniformity. Lopez challenges the rule as arbitrary. The court defers to the board's decision because associations in common-interest communities may adopt reasonable rules protecting the shared servitudes.
A covenant runs with the land when the recorded instrument shows intent that the benefit or burden pass automatically to successors. Recording supplies constructive notice, and the burden attaches to the estate itself rather than remaining personal to the original parties.
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Yes, when the benefit is held in gross rather than appurtenant to land. The holder must still demonstrate a legitimate ongoing interest in enforcement, such as a programmatic mission tied to the restriction.
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The beneficiary must repair and maintain portions under its control to prevent unreasonable interference with the servient estate or third-party liability. The servient owner has no reciprocal duty unless joint use creates a contribution obligation.
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Private servitudes arise from agreements between parties and run with land under property rules. Zoning, public-navigation servitudes, and riparian doctrines are excluded because they stem from governmental authority rather than private grant.
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…opinion). The many statutes on the books, both state and federal, that provide for the use of eminent domain to impose servitudes on private scenic lands preventing developmental uses, or to acquire such lands altogether, suggest the practical equivalence in this setting of negative regulation and appropriation. See,…