Equitable Servitude Flashcards
1
Q
Equitable Servitude
A
Promise equity will enforce against successors of burdened land (regardless of whether or not runs with the land)
2
Q
Creation that will bind successor
A
WITNES
W-writing
I-Intent
T-Touch and concern
N-notice (successor must know when took)
ES-equitable servitude
3
Q
Common Scheme Doctrine
A
Implies an equitable servitude if scheme of development when sales began and D had notice of promise when took (actual, inquiry, record)
4
Q
Doctrine or Changed Condition
A
Ct won’t enforce equitable servitude if neighborhood has changed so much, it doesn’t make sense to enforce
