Equitable Servitude Law & Legal Definition


An equitable servitude is a term used in real property law to refer to a nonpossesory interest in land, allowing the holder to make use of a property or refrain from doing something on a property. It is a promise concerning the use of land that (1) benefits and burdens the original parties to the promise and their successors and (2) is enforceable by injunction. Although an equitable servitude does not meet the formal requirements of a covenant, it will be enforced against successive owners who have knowledge of the original agreement. It is also referred to as an easement.