Equitable Servitude
/ˌekwɪtəbəl ˈsɜːrvɪtjuːd/
Definitions
- (n.) A nonpossessory interest in land, enforceable in equity, that restricts the use of the servient estate for the benefit of the dominant estate or a group of owners.
The court upheld the equitable servitude preventing the owner from building commercial property in the residential neighborhood.
Forms
- equitable servitude
- equitable servitudes
Related terms
See also
Commentary
Equitable servitudes differ from real covenants primarily in enforcement, being based on equitable principles rather than contract law; drafting should clearly establish intent to bind successors and privity of estate or notice to avoid unenforceability.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.