An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. However, covenants and equitable servitudes should not be confused. One may tell the difference based on the remedy plaintiff seeks. Holders of a covenant seek money damages, but holders of equitable servitudes seek injunctions. In England, when a party is forbidden from certain use, the covenant is called equitable servitude. In the United States, both negative and affirmative equitable servitudes are recognized. It is a covenant that equity will enforce against the successors of the burdened land who have notice of the covenant.
Read more about Equitable Servitude: Creation, Burden, Benefit, Equitable Defense
Famous quotes containing the word servitude:
“All, or the greatest part of men that have aspired to riches or power, have attained thereunto either by force or fraud, and what they have by craft or cruelty gained, to cover the foulness of their fact, they call purchase, as a name more honest. Howsoever, he that for want of will or wit useth not those means, must rest in servitude and poverty.”
—Sir Walter Raleigh (1552–1618)