Equitable Servitudes Defined
Adams Stirling PLC


An "equitable servitude" is an agreement between parties similar to a covenant or promise concerning the use of land that benefits and burdens the parties related to the use of the land. Once recorded it runs with the land and continues to burden/benefit successor owners of the land and is enforceable by  injunctive relief. This is different than breach of contract actions where money damages are awarded. When a covenant involving real property is recorded, it becomes an "equitable servitude" (Civil Code §5975) which can be enforced without resorting to a breach of contract cause of action. (Franklin v. Marie Antoinette.)

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Adams Stirling PLC