Lesson 8: Real Covenants and Equitable Servitudes

Question 1

Covenant Running with the Land (aka Real Covenant)

Answer 1

A real covenant is a promise regarding real property enforceable at law against the promisor and his successors if the promise:

1) Complies with the Statute of Frauds
2) Touches and concerns property
3) If there is privity for benefit to run
4) Notice of the burdens is given to subsequent purchasers.

Question 2

Equitable Servitude (aka equitable easement, negative easements and covenants running at equity)

Answer 2

An equitable servitude is a promise regarding the use of real property, which is binding on the promisor’s successors in interest if the promisor so intends and:

1) The promise satisfies the Statute of Frauds
2) Touches and concerns property
3) Successors in interest has notice of the promise