Servitudes: Equitable Servitudes Flashcards
Equitable Servitudes: Definition
A covenant that will be enforced against successors of the burdened land who have notice of the covenant
- Enforced in equity against successors through injunctive relief
- Privity not required to bind successors
Equitable Servitudes: Creation
4 requirements:
1) Written promise (except where one can be implied as in common scheme)
2) Intention to bind successors
3) Touches and concerns the land
4) Successors of burdened land have notice (not needed for benefited land)
Equitable Servitudes: Defenses to enforcement
A court will not enforce an equitable servitude under any of these conditions:
- pervasive changes in the neighborhood
- estoppel
- acquiescence
- unclean hands (equitable defense)
- laches (equitable defense)
Equitable Servitudes: Doctrine of Unclean Hands
A claim that the party seeking specific performance is guilty of wrongdoing in the transaction being sued upon
Equitable Servitudes: Doctrine of Latches
A claim that the plaintiff has delayed bringing the action and that the delay has prejudiced the defendant
Reciprocal Negative Servitudes: Definition
If land is subdivided into parcels under a common development scheme, with only some parcels having negative servitudes, these restrictions may be impliedly binding against all subdivided parcels
- Usually arises where an owner divides land into smaller lots to create a common development scheme
Reciprocal Negative Servitudes: Creation (2 Ways)
1) Common scheme
2) Notice
Reciprocal Negative Servitudes: Common scheme
Developer evidenced intent to create a negative servitude under a common scheme for all subdivided parcels
May be evidenced through a recorded plat, general pattern of restrictions, or oral representations to early buyers
Reciprocal Negative Servitudes: Notice
Owner of the subject lot had notice of the restriction in the deeds of other subdivision lots
*Actual, inquiry, record notice
