Equitable Servitude

Question 1

Requirements for enforcing an equitable servitude

Answer 1

{1} Plaintiff can establish all of the elements for a covenant that runs with the land, but seeks equitable relief instead

{2} Plaintiff cannot establish all of the elements for a covenant that runs with the land but CAN demonstrate relaxed requirements for an equitable servitude

Question 2

Is privity needed?

Answer 2

No