Equitable Restriction Law and Legal Definition

An equitable restriction is a restriction that satisfies the following elements of a real covenant at common law:

a. the covenant must be enforceable as a contract between the original parties;

b. the covenant must touch and concern estates in land with which the burdens and benefits run;

c. the covenanting parties must have intended to bind their successors in interest; and

d. there must be vertical privity of estate.

An equitable restriction requires the successor of the covenantor to have actual or constructive notice of the equitable restriction. An equitable restriction does not require horizontal privity of estate. [1515-1519 Lakeview Blvd. Condo. Ass'n v. Apartment Sales Corp., 102 Wn. App. 599 (Wash. Ct. App. 2000)].