Also known as: reciprocal equitable servitudes · reciprocal servitude · equitable servitude
Written by attorneys · grounded in primary & secondary sources — see below
An implied mutual restriction on land use that arises when a developer sells parcels pursuant to a recorded general plan for a subdivision. The restriction burdens every lot in the plan to preserve the scheme's character and benefits all other lots within the same plan. Modern doctrine treats the restriction as a covenant running with the land without regard to older distinctions between real covenants and equitable servitudes.
Riverstone Manufacturing records a master plan for an industrial park that requires all lots to maintain shared access roads. It sells the first parcel to Roberto Reyes with an express access covenant but later sells an interior parcel to Rebecca Ross by a plain warranty deed containing no restrictions. When Ross blocks the access road, Reyes sues to enforce the restriction against her lot.
Rising Sun Electronics records a subdivision map showing uniform solar-access zones across every lot and sells the first three parcels to Ronald Reed under deeds that expressly grant corridor rights. Years later it sells the central parcel to Regina Robinson by a deed silent on corridors. When Robinson objects to Reed running lines across her lot, Reed sues to enforce the corridor right as an implied reciprocal burden.
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Rhea Reynolds buys a unit in Lakeside Village subject to recorded covenants that prohibit pets. She later acquires a cat. The association sues to enforce the restriction. The court upholds the covenant against Reynolds because the recorded declaration created reciprocal servitudes binding all units under the common plan.
Raphael Rivera owns a unit in La Jolla Shores whose declaration requires uniform exterior maintenance. The association decides to repair rather than replace decks. Rivera challenges the decision. The court treats the declaration as creating reciprocal equitable servitudes that bind all owners and defers to the association's reasonable exercise of its maintenance powers.
Royal Crest Hotels records a master plan for a resort subdivision that restricts building height and style on every lot. It sells the first lots with express covenants but later conveys a remaining parcel to Regal Apparel by deed containing no restrictions. When Regal begins construction that violates the height limit, neighboring owners sue to enforce the plan as an implied reciprocal servitude.
A reciprocal equitable servitude arises by implication from a developer's recorded general plan even when later deeds omit express language. The implication occurs only when the plan would be frustrated and injustice avoided solely by treating the remaining lots as burdened.
Supporting sources
The Restatement abandons the historic labels and treats both as covenants that run with land. The older distinctions are retained only to explain the evolution of servitude doctrine.
Supporting sources
A recorded master plan, promotional materials describing uniform restrictions, early deeds imposing the same obligations, and reliance by initial purchasers together show the developer intended every lot to be both burdened and benefited.
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A court refuses when later deeds or the developer's conduct demonstrate a contrary intent to release remaining lots from the original plan.
Supporting sources
…in favor of each parcel as against all the others." ( Werner v. Graham (1919) 181 Cal. 174, 183 [183 P. 945].) (7) In choosing equitable servitude law as the standard for enforcing CC&R's in common interest developments, the Legislature has manifested a preference in favor of their enforcement. This preference is underscored by the…