Equitable Defense
A court will not enforce an equitable servitude under the following circumstances:
- The person seeking enforcement is violating a similar restriction on his own land (unclean hands).
- The holder of the dominant estate acquiesced in violation of the servitude by the holder of the servient estate (acquiescence).
- The holder of the dominant estate acted in such a way that would have a reasonable person to believe that the covenant was abandoned (estoppel).
- The owner of the dominant estate fails to bring suit against the violator within a reasonable time (laches).
- The character of the neighborhood changed sufficiently through development, changes in zoning, or through non-enforcement of the equitable servitude (called the "changed conditions" doctrine).
Read more about this topic: Equitable Servitude
Famous quotes containing the word defense:
“Though a censure lies against those who are poor and proud, yet is Pride sooner to be forgiven in a poor person than in a rich one; since in the latter it is insult and arrogance; in the former, it may be a defense against temptations to dishonesty; and, if manifested on proper occasions, may indicate a natural bravery of mind, which the frowns of fortune cannot depress.”
—Samuel Richardson (1689–1761)