---
title: "Servitude (Equitable Servitude)"
type: Legal Term
source: https://casebriefly.com/legal-terms/servitude
---

# Servitude (Equitable Servitude)

An equitable servitude is a covenant regarding the use of land that equity will enforce against successors, even when the requirements for a real covenant at law are not met. Unlike real covenants, equitable servitudes do not require horizontal privity. The requirements are a writing (satisfying the statute of frauds, unless implied from a common scheme), intent to bind successors, touch and concern, and notice (actual, constructive, or inquiry). The remedy for breach is typically injunctive relief rather than money damages.

## Related Terms

- covenant
- easement
- recording-statute

## Related Cases

- tulk-v-moxhay
- sanborn-v-mclean
- shelley-v-kraemer

## Example

A subdivision has a recorded restriction barring commercial use. Even without horizontal privity, a subsequent buyer with notice is bound by the equitable servitude.

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Source: [Servitude (Equitable Servitude) — CaseBriefly](https://casebriefly.com/legal-terms/servitude)