What Are The Defenses To Servitudes in Property?

Defenses to servitudes in property include abandonment, unconstitutional restraint on alienation, changed circumstances, and the doctrine of estoppel, among others.

Servitudes are property interests that create obligations or limitations on the use of land. Several defenses can potentially extinguish or invalidate a servitude. One prominent defense is abandonment, which occurs when the holder of the servitude demonstrates an unequivocal intention to relinquish it. If a servitude has not been utilized for an extended period, courts may find that it has been effectively abandoned and is no longer enforceable.

Another key defense involves claims that the servitude constitutes an unreasonable restraint on alienation. In some jurisdictions, if a servitude significantly restricts an owner’s ability to sell or transfer their property, a court may invalidate it as against public policy. Similarly, if changes in the surrounding circumstances make the servitude obsolete or overly burdensome, courts may apply the changed circumstances doctrine to terminate the servitude.

Estoppel also serves as a defense to servitudes. If a party has relied on a representation or assurance concerning the servitude’s status or enforcement, and it would be inequitable to allow the servitude to be enforced after such reliance, a court may estop the enforcement. For instance, if the dominant estate owner indicates that they will not enforce the servitude, the servient estate owner may be protected from future claims.

Finally, if a servitude is created without meeting the proper legal requirements, such as proper writing or recording in the case of equitable servitudes, it may be deemed invalid. Courts will typically require a clear indication of intent and adherence to requisite formalities.

• 1Othen v. Rosier (1963) - established that abandonment may be inferred from a long period of non-use.
• 2Covenants v. Easements (2011) - clarified the distinction between enforceable covenants and servitudes.
• 3Marquardt v. Cambridge (2007) - involved the application of changed circumstances defense to invalidate a servitude.
• 4Katz v. N.E. R.R. (1905) - highlighted estoppel in servitude enforcement context.

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