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Encyclopedia > Equitable servitude

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, requiring the landowner to maintain certain practices with respect to the land (e.g., building a fence), or prohibiting certain practices (e.g., using heavy machinery). Equitable servitudes must be created by a writing, unless it is a negative equitable servitude (one that prohibits certain behavior) which may be implied from a common scheme for the development of a residential subdivision, so long as landowners have notice of the agreement. Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... The term Immovable Property is synonimous with Real Estate. Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... A covenant running with the land, in the law of real property, is a nonpossessory interest in land in the form of an agreement between adjoining landowners to do or not do something with relation to the land that they respectively occupy - to maintain a fence, for example, or not...

Part of a series on the common law
Acquisition of property
Gift  · Adverse possession
Lost, mislaid, and abandoned property
Bailment  · licence
Estates in land
Fee simple  · Life estate  · Fee tail
Concurrent estate  · Leasehold estate
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Other topics
Fixtures  · Waste
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Because an equitable servitude is, as the name suggests, a creature of equity, all of the common equity defenses apply against it: Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or moveable possessions) and in personal property, within the common law legal system. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In real estate law, adverse possession is a means of acquiring title to anothers real property without compensation. ... In the common law of property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are deemed to be lost, mislaid, or abandoned, depending on the circumstances under which they were found by the next party to come into... Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ... A license or licence is a document or agreement giving permission to do something. ... Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... A life estate, at common law is an estate in real property that ends at death. ... Fee tail is an obsolescent term of art in common law. ... A concurrent estate or co-tenancy is a concept in property law, particularly derived from the common law of real property, which describes the various ways in which property can be owned by more than one person at a given time. ... An easement is the right of use over the real property of another. ... A covenant running with the land, in the law of real property, is a nonpossessory interest in land in the form of an agreement between adjoining landowners to do or not do something with relation to the land that they respectively occupy - to maintain a fence, for example, or not... In the law of real property, fixtures are anything that would otherwise be a chattel that have, by reason of incorporation or affixation, become permanently attached to the real property. ... Equity is the name given to the whole area of the legal system in countries following the English common law tradition that resolves disputes between persons by resort to principles of fairness and justness. ...

  • Unclean hands - a landowner will not be able to prevent a neighbor from engaging in a prohibited activity that the landowner himself has engaged in.
  • Acquiescence - a landowner will not be able to prevent one neighbor from engaging in a prohibited activity if that landowner did not complain when another neighbor engaged in the same activity.
  • Estoppel - a landowner will not be able to prevent a neighbor from engaging in a prohibited activity if the landowner acted in a way that led his neighbors to rely on the belief that he would not complain of this activity.
  • Laches - a landowner will not be able to bring suit against a violator unless he does so within a reasonable time.

Furthermore, if the character of the neighborhood changes sufficiently, through changes in zoning or through nonenforcement of the equitable servitude in one part of the neighborhood (called an entering wedge) than the equitable servitude may be deemed unenforceable as to the entire neighborhood. Unclean hands is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint. ... Estoppel is a legal doctrine proposing that any person who asks the courts to enforce a legal remedy should have a clear conscience. ... In law, laches is an equitable defense accusing an opposing party of having sat on his rights; as a result of this delay, the delaying party is undeserving of equitable relief. ...


  Results from FactBites:
 
Equitable servitude - Wikipedia, the free encyclopedia (337 words)
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, requiring the landowner to maintain certain practices with respect to the land (e.g., building a fence), or prohibiting certain practices (e.g., using heavy machinery).
Equitable servitudes must be created by a writing, unless it is a negative equitable servitude (one that prohibits certain behavior) which may be implied from a common scheme for the development of a residential subdivision, so long as landowners have notice of the agreement.
Because an equitable servitude is, as the name suggests, a creature of equity, all of the common equity defences apply against it:
Property - Chapter 3 (397 words)
§ 34.01 The Equitable Servitude in Context [558-559]
equitable servitude is a promise concerning the use of land that (1) benefits and burdens the original parties to the promise
The equitable servitude was born in the famous decision of
  More results at FactBites »

 
 

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