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What is an Equitable Servitude?

An equitable servitude is a legal term that is used, in the context of real property, to describe a non-possessory interest in land that operates much like a covenant running with the land.  In other words, it operates very much like a restriction on the use of land. Indeed, in certain situations, if restrictions on the use of property do not meet the requirements of covenants running with land, they still may be enforceable as equitable servitudes. In other words, courts can enforce promises regarding the use of land “even though the person who made the promise has transferred the land to another.” (Cebular v. Cooper Arms Homeowners Ass’n (2006) 142 Cal.App.4th 106, 122 citing Marra v. Aetna Construction Co. (1940) 15 Cal.2d 375, 378.)

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Posted in Contracts/ Agreements, Equitable Servitude, Grant Deed, Leases

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