Also known as:implied equitable servitudes · equitable servitude · implied servitude
Written by attorneys · grounded in primary & secondary sources — see below
Historically, a covenant enforceable in equity against successors who took land with notice of the restriction. The Restatement (Third) of Property: Servitudes no longer employs the label except when describing the doctrinal evolution of servitudes.
Sources & Authorities
How it applies
Common Examples
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Developer Omits Clause from Later Deed
Summit Park LLC conveyed five lots with deeds conditioning each grant on compliance with uniform noise standards set out in its development plan. It later sold a sixth lot to Titan Smelting Corp. without the condition. Neighboring owners sued Titan to stop its heavy industrial operations that violated the standards. The court enforced the restriction against Titan's lot because the earlier conditional deeds created implied servitudes implementing the common plan.
Condominium Pet Restriction Enforced
Lakeside Village recorded covenants limiting pets to one per unit. Nahrstedt purchased a unit and kept three cats. The association sued to enforce the limit. The court upheld the restriction because the recorded declaration gave adequate notice and the covenant ran with the land under the law of equitable servitudes.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Nahrstedt v. Lakeside Village Condominium Association, Inc.878 P.2d 1275, 1287 (Cal. 1994)
Homeowners Association Maintenance Rule
La Jolla Shores Clubdominium recorded rules requiring owners to obtain board approval before altering common areas. Lamden replaced her patio tiles without approval. The association sued for removal. The court enforced the rule because the recorded restrictions created servitudes binding all owners who took with notice.
Lamden v. La Jolla Shores Clubdominium Homeowners Association980 P.2d 940, 950 (Cal. 1999)
Planning Committee Blocks Unapproved Build
Bear Creek recorded covenants requiring committee approval for any construction. Riley built a home without submitting plans. The committee sued to enjoin the structure. The court enforced the restriction because the covenants ran with the land and bound subsequent purchasers who had constructive notice.
Riley v. Bear Creek Planning Committee551 P.2d 1213 (Cal. 1976)
Common questions
Frequently Asked
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How does an implied equitable servitude differ from an express covenant?+
An implied equitable servitude arises from a common grantor's general plan of development even when later deeds omit express language. The earlier deeds and surrounding circumstances supply the inference that the restriction burdens retained or later-sold lots.
Supporting sources
What role does notice play in enforcing an implied equitable servitude?+
Notice is required. Purchasers who take with actual or constructive notice of the general plan are bound. Recording of the initial covenants or consistent references in early deeds ordinarily supplies the necessary notice.
Supporting sources
Does the Restatement still recognize the label equitable servitude?+
The Restatement treats real covenants and equitable servitudes as encompassed within the single term covenant that runs with land. It uses the older labels only to describe historical evolution.
Supporting sources
878 P.2d 1275, 1287 (Cal. 1994)Property
…in favor of each parcel as against all the others." ( Werner v. Graham (1919) 181 Cal. 174, 183 [183 P. 945].) (7) In choosing equitable servitude law as the standard for enforcing CC&R's in common interest developments, the Legislature has manifested a preference in favor of their enforcement. This preference is underscored by the…